Accident question

[Jakanden]

Hello all,

My brother was in an auto accident recently. He rear-ended someone at a stop light (It was raining VERY heavily).

It turns out the person he rearended was driving with an expired license. When the police came on the scene, my brother was not given a ticket and was not repremanded at all by the police, the other drive (The one who was hit), was however and she got a ticket for driving with an expired license.

Now the person my brother hit is complaining about a neck injury and my bro is worried she might try to sue him. My question is, does she have a case? She was driving with no license and got ticketed, and my bro did not receive any kind of repremand from the cop. Can she still win if she sues?

Thanks in advance

 

[Jakanden]

Oh yeah - the state is Florida =)

 

[zappy]

so let her sue......she shouldnt have been driving at all, so let your brother's insurance company deal with it, they will make sure she gets as little as possible.

 

[cur7is]

She doesn't have a case at all. She was completely at fault for driving with an expired license. Let's put it this way: If she wasn't driving when she wasn't supposed to be, she wouldn't have been where she was and the accident wouldn't have happened. Period.

 

[totallybroke]

She doesn't have a case at all. She was completely at fault for driving with an expired license. Let's put it this way: If she wasn't driving when she wasn't supposed to be, she wouldn't have been where she was and the accident wouldn't have happened. Period.

I don't think this is the correct answer. Unless Florida has a law that states your automatically at fault if your driving with an expired license this would not eliminate the obligation of the driver that actually rear-ended another person.

The person who rear-ended someone would still be liable and the person who was driving with an expired license would have to pay the ticket and court costs associated with that ticket for driving without a license.

 

[cur7is]

I don't think this is the correct answer. Unless Florida has a law that states your automatically at fault if your driving with an expired license this would not eliminate the obligation of the driver that actually rear-ended another person.

The person who rear-ended someone would still be liable and the person who was driving with an expired license would have to pay the ticket and court costs associated with that ticket for driving without a license.

Perhaps it's not the right answer, however that's how an insurance company will look at it. They've looked at it that way every time this situation occurs from my experience and others experience. Besides, she was the one found at fault by the police officer for driving with an expired license.

 

[totallybroke]

(The one who was hit), was however and she got a ticket for driving with an expired license.

Read it again, she was given a ticket for driving with an expired license and

It turns out the person he rearended was driving with an expired license. When the police came on the scene, my brother was not given a ticket and was not repremanded at all by the police, the other drive (The one who was hit), was however and she got a ticket for driving with an expired license

was repremanded by the police (most likely for driving with an expired license)

She was completely at fault for driving with an expired license.

That does not make her completely at fault for driving without a license. As I stated unless Florida has a law that states your automatically at fault for driving without a license, he would still be at fault for rear-ending her and she would be at fault for driving without a license.

 

[Caglitz]

Here it is, plain and simple: your brother is at fault for rear-ending someone; he will have to defend against any action she brings, for whatever amount she claims to the court. According to the law (and rightfully so) she will have her own problems to deal with - tickets, etc. BUT, your brother should not have rear-ended her, rain or not. She DOES have a case and will probably win something if she can prove he hit her, and I assume that a police report exists confirming same; also, she can call the police officer as a witness (very easy process).

 

[stephenk]

driving with an expired license is not a defense to rear ending her vehicle. it will not play any part in determining the value of her case. the only issues will be whether the impact was strong enough to injure her and if so, how much was she damaged.

turn the matter over to your insurance company and let them deal with the claimant.