being sued for wreck when 16

[boxergirl]

What is the name of your state? Missouri

When my husband was 16 (jan. 15, 2000) he was rear ended, but it was filed as his fault. He was in his step-dad's truck doing chores and was pulling in a field row to their farm and he was rear ended by a farmer. The farmer has already taken him to court 2 times over it and hasn't shown up and there is a trial set for 8/20/03 and my husband is being sued for the damage b/c his step-dad didn't have any insurance. The guys lawyer has put one of the violations as driving to fast for conditions and my husband wasn't even moving 5 mph.

My question is can my husband be sued when he was only 16 at the time and it was his step-dad's truck that it happened in while he was doing chores? I don't see how he could be held responsible at 16 b/c his dad didn't have auto insurance. Is there something that can be done b/c they are sueing him and I just don't understand how it can be done. he's already lost his license and has to pay high risk insurance now and has to miss work everytime he goes to court. If he can be held responsible then I definitely don't think that's right. The DMV told him they sent a paper to sign stating he was a minor driving a parent's vehicle but he never got it, and his parents are definitely not trying to help him out. Please help court is in a litte over 2 weeks..

 

[I AM ALWAYS LIABLE]

What is the name of your state? Missouri

When my husband was 16 (jan. 15, 2000) he was rear ended, but it was filed as his fault. He was in his step-dad's truck doing chores and was pulling in a field row to their farm and he was rear ended by a farmer. The farmer has already taken him to court 2 times over it and hasn't shown up and there is a trial set for 8/20/03 and my husband is being sued for the damage b/c his step-dad didn't have any insurance. The guys lawyer has put one of the violations as driving to fast for conditions and my husband wasn't even moving 5 mph.

My question is can my husband be sued when he was only 16 at the time and it was his step-dad's truck that it happened in while he was doing chores? I don't see how he could be held responsible at 16 b/c his dad didn't have auto insurance. Is there something that can be done b/c they are sueing him and I just don't understand how it can be done. he's already lost his license and has to pay high risk insurance now and has to miss work everytime he goes to court. If he can be held responsible then I definitely don't think that's right. The DMV told him they sent a paper to sign stating he was a minor driving a parent's vehicle but he never got it, and his parents are definitely not trying to help him out. Please help court is in a litte over 2 weeks..

My response:

Other than being rear-ended, and that your husband was deemed to be at fault (by whom?), you have given no facts as to how the accident happened. Since you weren't there, it's highly doubtful that you'll be able to say with any accuracy, anyway.

Further, what does it matter if your husband was doing "chores"? What does it matter if he was 16 at the time? What does it matter if the truck was uninsured? The fact of the matter is that your husband was behind the wheel at the time of the accident. That's what matters. Also, when a person gets behind the wheel of a vehicle, it's up to that person to know that he or she is insured.

What matters is that when a person drives a vehicle, that person - - regardless of who owns the vehicle - - is responsible for their actions and for obeying traffic laws and the Rules of the Road. Ownership has nothing to do with that concept.

IAAL

 

[boxergirl]

Yeah I know that the driver is suppose to know if there is insurance which is stupid. It shouldn't be up to the driver to know it should be the owner's responsibility

you may say it shouldn't matter about chores but you can't go against his dad (jerk) b/c he would have got the hell beat out of him.

 

[spawn_x]

Also, lack of insurance plays NO ROLE on Liability.

WHY is it his fault? Its usually the person Who rear ends who is at fault for not keeping enough distance..

Did he cut in front of the guy?