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Can an insurance company come after me for repairs they paid after an accident that was my fault?

Loganville, GA |

I hit the car from behind and my insurance had been canceled the day before. I offered to pay for the repairs on the other car, but the woman opted to file with her insurance company. At first she said that she would have a $1000 deductible and I sent her a check to cover that cost. She just informed me that she is sending the check back because her insurance is covering the entire repair cost. I am not trying to get out of my responsibility for this, but don't really have the money to cover this now. I want to know what could happen as a result of this and if the insurance company will seek compensation for the repair.

Should I contact her insurance company to discuss this issue or leave it alone?

Attorney Answers 4


Insurance companies will almost certainly come after you.

You have multiple issues here. First of all, you may be criminally charged for driving without insurance. Your penalties can include a drivers license suspension, hefty fines, jail and probation. You need a lawyer for this.

Second, the insurer will want all their money. If you don't pay, they have two great tools. They can sue you, and they can also suspend your license, FOR LIFE (until they are repaid).

If the damages are large, in some cases a bankruptcy can discharge the debt and prevent a license suspension. A good lawyer in the criminal case may also be of help in reducing some of the consequences. He might even save your license.

See a lawyer now, and don't wait for all this to hit you.

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Insurance company can come after you and they most likely will come after you for this. It would be a good idea to consult with a local attorney on how to deal with this. It is up to you to do it now or to wait until insurance company sends you something and you have more information on your hands.

This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed.

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Best bet is to retain a local lawyer who can negotiate down the number, and get you on a payment plan you can afford.

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Yes, her insurance co. can and will come after you for reimbursement. Also, being uninsured, the traffic judge will almost certainly make paying restitution to her mandatory. You may also have your license suspended by DMV until you can prove that you did make restitution to her, but not necessarily to her insurance co. In any event, you will end up paying but you may be able to negotiate a payout period, rather than a lump sum, if you are willing to give her ins. co. a judgment against you that they can enforce in the event you fail to pay them. These are very technical negotiations and documents for which you definitely should retain an atty. knowledgeable in that area.
This firm has handled matters such as yours in Ga. for 34 years, however, there a number of other fine atty.s here on Avvo that could help you. But you do need to contact an attorney NOW.

Law Office of Robert G. Rothstein (Atlanta)
404-216-1422 or

Disclaimer: This response is provided to you for educational and informational purposes only and no attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.

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