Baltimore, MD asked in Car Accidents for Maryland

Q: Can anything be done after an insurance company finds you liable for an accident?

I was found liable for a car accident only because I was not on my brothers insurance at the time I was driving his car, I was 21 and I had no vehicle. The other party was turning in the intersection and I was going straight through, they hit me on the side and blamed me. My brothers insurance essentially has nothing to do with it and I’m left to handle it all on my own. Now the other party’s insurance is threatening to revoke my driving privileges for unpaid damages that I didn’t even know I had to pay. I don’t have the money to pay it either

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4 Lawyer Answers

A: You should make payment arrangements. They only want their money back, and will typically be flixible.

Scott Scherr agrees with this answer

A: If you were a resident relative of your brother's household and your brother did not list you on the policy, then his insurance company can deny coverage. If you were going straight and the other driver was turning left in front of you, you have a defense if you are sued. You could retain counsel to defend any lawsuit.

It is only of a judgment is rendered against you that an insurance company can notify the MVA and get your license suspended.

A: First, you cannot be found liable for causing the accident on account of your brother's insurance company denying coverage for you. That has nothing to do with liability for the accident.

Second, the only way you can be held responsible for causing the accident is if the other driver sues you for damages in court and wins, and a judge enters a judgment for a sum of money in their favor against you. Once your brother's insurance company denied coverage (or maybe they just denied you were liable for causing the accident?), the other driver made a claim under their own insurance coverage either for property damages and/or for personal injuries, and received payment. When that happens, the other driver's insurance carrier is assigned their insured driver's claim against you, so the insurance company can file suit to recover what they paid to their insured driver. This type of claim, where an insurer sues to recover losses it paid to its own insured, is called "subrogation." The insuance company essentially steps into the shoes of its insured and sues you based on whatever legal claim their insured had against you. In such an action, the insurance company has no greater right to recover on the claim than its insured driver had. You can defend the claim the same as if the driver sued you directly--for instance, you can deny you were liable, tell your side to the judge, blame the other driver for running the red light or failing the stop at the stop sign or entering the main road from a side street (which gives you the right-of-way under the Boulevard Rule), etc. Just because the insurance company is demanding money before filing suit, and threatening you with the possible consequences IF it prevails, does not mean you have to agree to that demand. Fight it if you want--make them sue you and prove it. Have your day in court. That's an option.

The second and separate issue you have is the insurance coverage under your brother's policy. I would demand a copy of the policy and the specific provision the insurance company is relying upon to exclude coverage of you under the policy. The denial of coverage may be something you can challenge. Not enough information to determine that from your post. If they are relying on an excluded driver addendum naming you as an excluded driver, you need a copy of that addendum.

If you are not covered under your brother's insurance policy, then you will have to pay legal counsel (if you want a lawyer) on your own. If you are covered, then your brother's insurance carrier will provide and pay for your defense. In my experience, the insurance company for the other driver--if they sue--may sue both you and your brother (as the owner of the vehicle you were driving) just in case they can prove that you were driving for the benefit of your brother at the time, such as picking something up at the store he needed, or whatever. In that scenario, your brother could also be held liable, and his insurance company would then have to pay for his defense, which in turn may end up presenting your defense to the claim, since if you're not liable for causing the accident, then your brother cannot be liable.

If you do not have the money to pay your own counsel, you can try to represent yourself (not advisable), or settle with payments (if you can afford them). Your ultimate way out would be to declare bankruptcy and discharge the debt entirely immediately after they obtain a judgment against you. Whether bankruptcy is a viable option for you is something you will have to decide, and it is best to consult a bankruptcy lawyer at that time before making that decision. Negotiating a settlement of the claim can also be helped by communicating your intention to file for bankruptcy in the advent of a large judgment, since then they would get nothing, so they should agree to accept less now if you are willing to pay something.

A: The insurance company found you liable? Did you have someone else look at the details of the accident? It isn't uncommon for one side to disagree with the other as to fault in an accident. Aside from the good points raised here by the other attorneys who responded, you may want to have someone with insight into motor vehicle accidents look at things - the police report, statements, any video if still available, etc. Good luck

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