Can someone sue me if I was at fault during an accident?

by Diana » Thu Jun 11, 2009 06:55 am
Posts: 6
Joined: 11 Jun 2009

I was in an accident where I made an illegal U-turn and someone hit me. It was determined by the police report as being my fault. The car that hit me was a newer model, and I recieved a letter from my insurance company stating that the damages to the other party might be above my limits. I only had basic liability coverage as I am a very broke 20 year old college student who was driving an older car. Does this mean that the other party is definitely going to sue me or can sue me? If that is the case, I will be unable to pay them so would they garnish any wages I earn? Would I need to file bankruptcy?

Total Comments: 74

Posted: Sun Jul 24, 2011 07:02 am Post Subject:

I was in a small fender bender where a truck i was driving scratch another truck now insurance company trying to sue... May i add there was no police report or anything done to say i hit someone truck. can the insurance company sue even though theres no proof of it beside a scratch and now repaired truck :?: :?: :?: :?:

Posted: Sun Jul 24, 2011 02:12 pm Post Subject:

The insurance company cannot sue you, the owner of the other vehicle can.

Posted: Thu Aug 11, 2011 02:18 am Post Subject: accident with no insurance question

I ran a red light without insurance and got tboned in an intersection. my car is basically totaled im unsure about damages to her car they were not as severe as she drone off i was at fault and got a red light violation at the scene. my insurance was cancelled i was unaware until the day before and i was wondering how likely it that the other driver or the insurance company will sue me for the incident im expecting a 90 day suspension with possibility of driving priveleges...im in ohio

Posted: Thu Aug 11, 2011 03:18 am Post Subject:

First, read my sig.

They probably won't sue you directly but they may end up selling the debt to a collection company. What this company does is up to them. If it's worth it, they may file suit. Some states allow the person's drivers lic. to be suspended until they can show that the other party was paid. Really depends on the state.

Also, insurance just does not cancel out of the blue. You don't make a payment, you get a letter, you get another letter and then you finally get the last letter. All the time, you are not making any payments. Sorry, you knew.

Posted: Thu Aug 11, 2011 03:40 am Post Subject: cont.

i appreciate your response, my roomates had my mail and didnt give it to me i know it was completely my fault i have some serious whiplash to remind me about it. how does the collection agency profit if they don't pursue the debt? is the continuous suspension applicable to ohio residents? i dont have the money to pay or i would i am a broke college student i work just under full time. can they withold a percentage of my paychecks or would i have to claim bankrupcy if pursued? sorry again for imposing on this forum i am new to this

Posted: Thu Aug 11, 2011 03:40 am Post Subject: cont.

i appreciate your response, my roomates had my mail and didnt give it to me i know it was completely my fault i have some serious whiplash to remind me about it. how does the collection agency profit if they don't pursue the debt? is the continuous suspension applicable to ohio residents? i dont have the money to pay or i would i am a broke college student i work just under full time. can they withold a percentage of my paychecks or would i have to claim bankrupcy if pursued? sorry again for imposing on this forum i am new to this

Posted: Thu Aug 11, 2011 11:35 am Post Subject:

my roomates had my mail and didnt give it to me


And, college student that you are, you have no idea when your insurance coverage ends?



how does the collection agency profit if they don't pursue the debt?


They don't. So, guess what? You will be sued by someone.

i dont have the money to pay


Probably the same [aka: "real"] reason your insurance was cancelled, not your roommate's fault.

i am a broke college student i work just under full time. can they withold a percentage of my paychecks


Gee, you seem to have enough money to own a texting device. Yes, your wages can be garnished if a judgment is obtained against you. Not before.

So, what's your plan to pay off your student loans? Or will the taxpayers have to eat that, too?

Maybe this is not the right time for you to be in college.

Posted: Thu Aug 11, 2011 12:41 pm Post Subject:

I don't know what is allowed in OH. Some states allow a judgement to be attached to a person's wages as to allow the person to take home just above minimum wage. Again, I don't know what is possible in OH. If nothing else they would probably report it to the credit agencies.

The collection company only makes money when they collect. They don't always collect. But they buy the debt for very little. So if they buy $50,000 in debts for $25,000 then they don't need to collect 100% to make money. They can also do very little work and possibly collect something much later down the road. For example... they report the debt to the credit bureaus. Several years later that person tries to get a job or buy a house but they can't with that debt on their report. So they then need to make a deal to pay it off.

But in many cases the collection company never collects. This is why they buy the debt for very little. They might even have a deal with the insurance company to take the debt for nothing and just pay the insurance company a percentage of what they collect, if anything.

Posted: Fri Sep 02, 2011 06:59 pm Post Subject:

i got into a similar car accident myself but had no insurance. this happened on december 2010. i was backing out and i slightly hit the car, she reported it to her insurance and it got paid for but the insurance is asking for the money they spent to fix it from me.its like 2,500 for a very small scratch and she went to the clinic for a check up (even though no one got hurt) and their putting that on the bill as well. a officer called me over the phone to do the police report and i had told them no one was injured. im also in college,and im pretty broke and don't even have a job. they have suspended my license. i get a letter from a collection agency like every month it says "they will go through a litigation process. or pursuit of collection through any other methods permitted under state or federal law" im not really sure if they will actually do this, what do you guys think?

Posted: Sat Sep 03, 2011 02:16 pm Post Subject:

im also in college,and im pretty broke and don't even have a job. they have suspended my license.


Broke college students should not be driving. Good thing your license has been suspended. You might learn something about life and personal responsibility that you won't be taught in college.

i get a letter from a collection agency like every month it says "they will go through a litigation process. or pursuit of collection through any other methods permitted under state or federal law" im not really sure if they will actually do this, what do you guys think?

First, the letters are mostly BS, and are trying to intimidate you into paying (you should pay, but you can always choose not to be responsible for your debts). There is no application of federal law here other than the Fair Debt Collection Practices Act (FDCPA) -- research that to learn what your rights are.

Second, unless the Collection Agency ("C.A.") actually owns the debt, they have no legal standing to sue anyone in civil court. So they intimidate you with letters and phone calls. If you don't know your rights under the FDCPA, you need to learn them now.

Third, as long as you continue to ignore the letters, they will keep coming. If you move, they will eventually find you, and the letters will keep coming. The FDCPA permits this.

Fourth, if you ignore the letters for four years, the debt will become uncollectable (as a matter of state law).

Fifth, the debt will probably show on your credit report for many years, but after four years, you can dispute it as uncollectable. As long as you never pay -- or offer to pay -- one cent toward the debt.

In your case, it is unlikely that you will ever be sued by the C.A. It is a small claims matter. In a civil trial, they would have to prove you to be at fault for the accident before they could win a judgment, which means getting witnesses, police reports . . . too much effort and expense -- but getting you to agree to pay instead gives them something to sue over, and then they don't have to prove your responsibility for the accident (you admitted that by agreeing to pay), all they have to do is show the court your agreement to pay and prove you didn't make the payments. So, if you don't intend to "man up" and pay, don't agree to anything -- and don't talk to them over the phone about it. Any communication needs to be in writing, mailed Certified/Return Receipt. And you keep copies of everything they send you and you send them!

But if they do sue you . . . DO NOT IGNORE IT!!! Failure to respond or appear in court WILL result in a DEFAULT JUDGMENT which WILL NEVER GO AWAY. If you are sued, YOU WILL LOSE and will have to pay -- with interest back to the day of the accident if they ask for it.

You can always send them a "cease and desist" letter, but this could increase the likelihood of a civil action against you. So, unless you intend to pay, continue to ignore the letters.

THE ADULT, RESPONSIBLE THING TO DO IS ATTEMPT TO NEGOTIATE A SETTLEMENT FOR A LESSER AMOUNT OF MONEY. Tell your "broke college student" story to them and see if they take pity on you. But if you do this, BE SURE TO GET YOUR AGREEMENT IN WRITING, save copies of every payment you make, and GET A COPY OF THE "SATISFACTION" LETTER ("your debt has been paid in full") AND KEEP IT FOREVER!! Why? Because the C.A. will probably sell the debt to another C.A. who will hound you for years, too. If you cannot prove you already paid the debt, they could sue you and you could have to pay it a second time.

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