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I hit someones car from behind and offered to pay and did pay their deductible instead of going through insurance.

Chicago, IL |

I had her sign a paper saying that I agree to pay any other fees associated with the accident. Her insurance company now wants to sue me because she signed this paper would I have to pay for the accident

Attorney Answers 7


  1. You have to pay for the full damage to her car. If you only paid the deductible, the insurance company has right to recover what it paid, this is called subrogation. If you do not pay for the full damage to her car the insurance company will contact IDOT and begin the process of having your driving privileges revoked.


  2. You better get a lawyer to review whatever agreement was signed. I suspect it was not a satisfactory release.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  3. You CANNOT agree to defraud her insurance company. Turn this in to your insurance or pay the entire bill.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com


  4. If the accident was your fault and you only reimbursed the other driver for the deductible, the other driver's insurance company likely paid some money toward the repair. That insurance company has a right of subrogation to recover payments they made to their insured due to someone else's fault. The insurance company has the right to sue you to recover the payments they made to get the car that you ran into fixed. I know you were trying to avoid getting your insurance company involved (I assume you had insurance at the time of the accident), but, if you were insured, you need to let your insurance company know about the claim. Even now, it may be too late for you to make a claim against your own insurance company because you have a duty as a policyholder to report claims timely. If you don't, or you don't cooperate with your insurance company, they can deny coverage and not pay anything. You have not provided enough information to give you a definitive answer about whether you will have to pay or not, but it is a safe bet that the other driver's insurance company will seek reimbursement from either you or your insurance company. You should talk to your insurance company if you are insured. If you are served with a lawsuit, don't ignore it. Talk to an attorney about it.


  5. It sounds like you are attempting insurance fraud. Best to report the accident to your insurer as soon as possible and let them take care of it.


  6. Report this to your insurance company - and/or consult a local property damage attorney to review the signed document. You didn't pay for her repairs, only for her deductible.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.