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CeeloJ

Suing for crash

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Okay so basically almost 2yrs ago, I got into a car accident and crashed my friends car. She immediately called her dad once I told her, and he said to not mention my name. So when, he went to file the claim with insurance, he filed it as her(my friend) crashing the car. Now the insurance paid off everything but there was a $2000 balance left, and it was sent to claims. Now, me and her are on bad terms, and we're not talking anymore. Her dad took this chance to try and sue me for the unpaid balance, and I'm stuck. I'm not sure what to do, should I be worried?

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Well, I'm not sure what you're asking.  You were responsible for the damage.  His insurance covered it and technically, he could sue you for the entire cost of the repair instead of just the deficiency.  If you don't want a judgment on your credit report, I'd suggest you talk to him about making payments.

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Well I understand that, but his insurance covered the cost and supposedly the car had gap so the rest should've been covered right? I don't see how he can sue me if the car was supposed to be paid off. And isn't there a time frame for someone to take legal action?

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But he wouldn't allow me to, I had insurance and he said for me not to claim it under me. So he took the charges himself...but now he wants to sue and get money out of me. It's kind of a petty thing to do. 

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13 hours ago, CeeloJ said:

So when, he went to file the claim with insurance, he filed it as her(my friend) crashing the car.

 

In other words, he committed insurance fraud.

 

 

13 hours ago, CeeloJ said:

Now the insurance paid off everything but there was a $2000 balance left, and it was sent to claims.

 

Well...if "there was a $2000 balance left," then how can your statement that the "insurance paid off everything" be true?

 

 

13 hours ago, CeeloJ said:

Her dad took this chance to try and sue me for the unpaid balance

 

I have no idea what "took his chance to try and sue" you.  Either he sued you or he didn't.  Which is it?

 

 

13 hours ago, CeeloJ said:

I'm not sure what to do, should I be worried?

 

If the accident was your fault, then you ought to pay for the damage.

 

 

11 hours ago, CeeloJ said:

his insurance covered the cost and supposedly the car had gap so the rest should've been covered right?

 

Gap insurance wouldn't come into play unless the car was totaled and the fair market value was less than the loan balance.  It also only benefits the lender.  That he had coverage on his car doesn't mean you're not liable for damage that resulted from your negligence.

 

 

11 hours ago, CeeloJ said:

I don't see how he can sue me if the car was supposed to be paid off.

 

He "can sue" you by walking down to the courthouse and filing the appropriate paperwork.  That some of the damage was paid by his insurance doesn't preclude a lawsuit.

 

 

11 hours ago, CeeloJ said:

And isn't there a time frame for someone to take legal action?

 

The applicable statute of limitations is two years.

 

 

10 hours ago, CeeloJ said:

But he wouldn't allow me to

 

What does this mean?  Did he take you captive and prevent you from reporting the accident to your own insurer?  I doubt it, and since that didn't happen, you were perfectly free to report it at any time.  That your voluntary decision not to report it was influenced by him is legally irrelevant.

 

 

10 hours ago, CeeloJ said:

It's kind of a petty thing to do.

 

It probably would also be "a petty thing to do" to contact the Texas Department of Insurance and/or his insurance carrier to report that he committed fraud when he reported to his insurer that his daughter (and not you) was driving.

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