What happens if I am sued for a fender bender and they win, but I can't pay?

Question

An old lady is taking us to court for a fender bender a few years ago. She is claiming a bunch of crazy stuff. We had full coverage, but the lawyer handling the case said they are asking for the maximum amount, and maybe more so we would be responsible to pay anything over the 100,000 the insurance will pay.

We have no money. My husband has been out of work since March..we have no jobs. Could Iose my house? Do they just garnish wages once we do find work? Will it damage our excellent credit?

Answer 1

"Fender benders" do not cost over $100,000. There is more to the story so I cannot answer your question except that if you do not pay, you can lose your drivers license.

Answer 2

Were the police involved?

& please tell me you took pictures.

BUT keep in mind this kind of thing happens.

Example;

A friend of mine was at a stop-light, behind a car. My friend had full-coverage, everything. The light turned green, and without thinking she took-off. The lady infront of her did not go. At most, she hit the lady from behind maybe going 5 mph.

Not a single scratch was on either car BUT the lady claimed she got hurt. The police were called.

The lady who got hit, she had a suspended lisence, no insurance, 4 children in the car with her, (all have different dads-it was later found out) and she was pregnant with her 5th child. She ALSO had no medical insurance, or health insurance SO WHAT DOES SHE DO? She claimed she got seriously hurt.

My friend's insurance paid for her 4 month hospital stay, bills, everything. Because she was so scared of losing her baby.

Call that justice? No. It's not. If the shoes were on the other foot, my friend would have been arrested.

The lady wasn't arrested, or ticketed, or anything.

Answer 3

She has more than likely sued you becuase you have the highest cap on your insurance policy of anyone that hit her - That is my .02

Tell the truth - and GL

Answer 4

She can ask for the maximum amount all she wants. It's going to come down to how she presents her case **and how you present yours**. If she's claiming a bunch of crazy stuff (assuming here that you mean she's claiming the damage is worse than it was). Hopefully you've saved pictures of the incident & can bring them to court. If the judge can see the damage, he can determine that the amount she's asking for is assanine; and he'll assign an amount that's more reasonable to cover the damages. I'm sorry, but it doesn't cost $100,000 to fix a fender bender. Especially if that's more than the car was worth brand new! I think the judge will see this. If not, then he's an idiot. But do explain your situation. They are usually pretty good about working out a payment plan so you can keep your standard of living (or at least not sacrifice TOO much). Good luck! (personally, I think you'll win) ;)

Answer 5

Since you hit her from behind, you are responsible for her damages.  If you indeed have full coverage insurance, your insurance company will take care of this for you.  All the rest about your financial situation or what your husband does or doesn't do is irrelevant.

If you are getting contacted by her attorney, refer him to your insurance company.  

If you have any questions, ask the insurance company since they have the facts before them, and it appears you're leaving a lot out here, since fender benders are usually not in excess of $100,000, EVER.

If she is asking for "crazy stuff" your insurance will take care of that with their attorneys.  Filing a false report is a serious thing and insurance companies won't allow that to happen.