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Can I be sued for damages if the other driver has insurance from another state?

Asked by user in New Jersey.

I hit a parked car and the owner of the vehicle received damage that costs up to $13,000. However, he has a friend who can cover the damages for just $9,000. My insurance liability only covers $5,000, so now the owner of the parked car is asking me to pay for the remaining balance. Come to find out, the other party is a resident here in New Jersey, but his insurance is from Pennsylvania (which would be insurance fraud). I would like to know if the other party is able to sue me for the damages even though he has insurance in another state and lives here in New Jersey.

Answered by Enjuris Editors:

The injured party has a right to sue you for the damages that exceed your insurance policy limits (in this case, $4,000).

In general, your car insurance must correspond with the state where you live. However, there are numerous exceptions.

Regardless, whether or not the injured party is properly insured has nothing to do with whether or not they can sue you and recover the damages that exceed your policy limits.

If you can’t afford the judgment, the other party will likely allow you to work out a payment plan.

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