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The other insurance company wants me to pay them $14,000 for damages. What should I do?

Asked by user in South Carolina.

What if you are ruled at-fault for an accident and your insurance company is saying they “cancelled” the policy as soon as it was made because they found out it was your car but the insurance wasn’t in your name?

Answered by Enjuris Editors:

I’m sorry this happened to you.

Generally speaking, car insurance follows the car (not the person). In other words, so long as the car is insured, it doesn’t matter who was driving.

With that being said, it’s impossible for me to know whether you had coverage without looking at your specific insurance policy. If you believe your insurance company is wrongfully denying your claim, you can:

  1. Attempt to resolve the issue with your insurance company (be sure to request a copy of your full policy so you can point to the language that states you’re covered), or
  2. File a bad faith lawsuit against the insurance company.

I would recommend meeting with an attorney in your area. Most initial consultations are free and, so long as you bring a copy of your insurance policy, the attorney should be able to tell you quickly whether your accident should have been covered and whether it’s worth pursuing a bad faith claim.

You can find an attorney near you using our free online directory.

If you were not covered by insurance, the other driver’s insurance company has the right to recover damages from you. If you are unable to pay the damages upfront, the insurance company will almost certainly be willing to workout a payment plan with you.

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