I was trying to avoid someone driving in front of me from hitting me and allegedly backed into someone driving behind me. I didn't see anyone behind me but was also focused more on trying to avoid an accident in front of me particularly with my elderly mother in the car. I gave the person my contact and insurance information, but she didn't give me hers and talked about not wanting to go through insurance. I had no damage to my truck and didn't see much of any damage at all to her vehicle outside of maybe a scratch or two and didn't think much of it and figured if she had any issues, she would just contact my insurance company. Almost a month after all this, I get a text from her showing me a mechanic bill for almost $2000. I talked to her on the phone, and she said that her check engine light came on immediately after the accident, but she didn't want to go through insurance because she was afraid it would diminish the value of her car if she wanted to sell it, and wanted to know what cash I could give her to compensate. I have told her repeatedly to contact my insurance company, but she has refused, and she has also refused to give me her insurance information. Now she is telling me I have 10 days to get her the money. Her father is a lawyer, so I am assuming her "or else" is taking me to court. Does she have a case and what should I do.
1 Answers
Of course she has a case
She asserts that you backed into her car and caused damage - that’s a very clear legal cause of action. There is no doubt she has a case.
She would have to prove you hit her and that the repair costs are reasonable but based on what you have said, it seems likely she can do this.
What should you do?
We can’t give you legal advice.
Insurance
You seem to misunderstand how insurance works.
You caused the damage, therefore, her cause of action is against you. Whether you or she has insurance, or whether the insured chooses to involve their insurer, is irrelevant. The insurer’s role is to indemnify the insured, that is, to run the case and meet the costs on behalf of the insured. it is you that she has a cause of action against, not your insurer.
If the claim is coming from the plaintiff's insurer, it is common practice for them to just deal with the defendant's insurer right out of the gate in an attempt to resolve the matter without litigation. But there is generally no obligation for someone bringing a claim to first deal with the defendant's insurer. Once the defendant brings their insurer into the loop, they can direct all communications to the appointed adjuster or lawyer.
You should definitely check your policy because you almost surely have an obligation to inform your insurer of what’s happening, even if you do not intend to claim.
