Sued for a wreck?

Two weeks ago i wus in a front end wreck. No airbags went off . I was at fault during the accident.
Both vehicles had moderate damage but were both permited to drive away from the scene. We both had insurance but ours doesnt cover because i am underage and theyres doesnt cover the accident for that reason aswell. Their insurance company called saying they will take us to court if we do not pay my father agreed to pay for tha damages he just asked if he could find his own mechanic they gave him time and now they said they are going to take him to court to sue for damages. The estimate they got was 3400 dollars like most people we dont have that kind of money and my father said he would pay but that he cant pay it all at once but they still want to go to court. What i would like to know is what the best course of action to take is??

If your dad's insurer didn't cover the accident, then it has no basis to sue him. I assume you're talking about the other driver's insurance company, which will cover that driver's damages and wants your dad to pay so they don't have to. I understand that your father's insurance company might have disclaimed coverage if you were an underage, unlicensed driver because they only cover permissive users and you cannot be a permissive user without a license. Ultimately, if the other driver's insurance company did or does pay for the other driver's damages, they can sue your dad to recover the money, but will likely agree to some kind of payment plan as long as your father makes regular payments. If he doesn't live up to the agreement he makes, then they will sue him, get a judgment and garnish his wages. My best guess is that they are making the threats right now because they are hoping your father will just pay the damages before they have to. They cannot sue him until after they have paid for the repair because the insurance company can only sue to get back money that they've already paid - it's called subrogation.

Let them sue. Get two estimates of your own and the judge will determine what's fair and reasonable. Then they will have a judgment that's fair for both of you. Also once the judgement is in place there are guidelines for payment that the insurance company has to abide by.

Tell your dad to stop talking to them. I hate those assholes, and sadly I used to investigate for them until I got sick of them blackmailing people over claims.

There really is no course of action to take. If you were at fault in the accident, then the insurance company is within it's rights to file suit. Since the dollar amount is low, it really is not worth getting an attorney to defend.

You father will have to pay up. Then it will be between you and him as to how you pay him back.

The people who's car is damaged have a right to get their car fixed. You are deflecting your responsibility with financial excuse. I sympathize with your hardship but it is your poor judgement in driving and insurance policy that have gotten you into this mess. As long as your father makes small payments after the court, he'll be fine. Welcome to the adult world. Responsibility has a heavy hand.

I don't get the underage part....Insurance should cover it under your parent's coverage. This doesn't smell right to me. Your father should contact an attorney about what is called a First Party Lawsuit against the insurance company for not covering this.

Get the police report and see who was charged with the accident and then worry about paying. If you were not charged then they are bluffing....If you were charged then you will have to pay or at least suffer a lien (Judgment) against you.

What does "you were underage" mean? You were driving without a license and not a covered driver on your father's policy? Is that the situation?

I would go back and check your insurance policy. If you have a valid drivers license and you have collision insurance covering you the insurance company is on the hook. Also if you have any doubts contact your state board of insurance adjusters and have them look at your policy. Also why are you so sure that it is your fault.? Yes you may have gotten the ticket, yes you may be sued but a decent lawyer in Legal Aid may be of great help to you and your father for no fee. There are lawyers who are willing to volunteer their time and effort to help people with problems like yours. I would not give up just yet. One other thing do not make any promises either verbally or in writing to the party you were involved in the accident with or their insurance company. Lastly remember under Legal Adult Age does not mean not covered!