What should I do if I am being sued for an insurance company for an at fault auto accident? 5 Answers as of February 20, 2012My 22 year old college student was involved in a car accident last fall and did not have insurance at that time. Received a ticket. The other person was ok, however the other person's insurance company is trying to sue my son for 25,000.00. My son has no money and goes to school and has college loans. One person told us to have him claim bankruptcy, which he doesn't even have the funds to even start that. He works 15 hours a week at minimum wage and goes to school full time. We received information in the mail that he need to send payment within 10 days.
Ewusiak & Roberts, P.A. | Christopher J. Roberts
I am assuming that the insurance company who paid was the insurer of the driver of the car struck by your son, and that it was a settlement, not a judgment. If so, then just because the insurance company decided to pay $25K to its insured, does not mean your son is automatically responsible. The insurance company could try to sue your son and it may do that (it has the right to), but it can't just unilaterally decide what your son owes. They would have to prove that the payment was reasonable and that the person really sustained injury or damage in that amount due to your son's negligence. If they take the trouble to file a lawsuit, unfortunately, your son will have to defend himself or decide whether he wants to try to resolve the claim through a settlement or payment plan. As a practical matter, the insurance company would probably take a lot less than the full $25K. Bankruptcy is also an option, and the fact that your son has little money may not be fatal to getting a bankruptcy going. Bankruptcy lawyers know how to work with people who have limited assets through payment plans and such. I should mention that if there is already any kind of court judgment against your son, this answer would be completely different. You cannot ignore a judgment and if it is valid, there are serious consequences if you don't work out a way to pay it.
Answer Applies to: Florida