• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

broadsided by car pulling out of parking lot

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

P

pamark

Guest
Is it possible for a driver to be at fault if he is driving on a main road and is broadsided by a car trying to leave a parking lot just because he did not have insurance? wouldn't they clearly have the right of way on a main street? there is no stop sign or light where the lot meets the road. One just has to make sure their way is clear then proceed to merge into traffic. the driver of the other car claimed they didn't see the car. isn't the driver leaving the lot clearly at fault? their insurance co. has paid a claim for"uninsured motorist" and is trying to collect from him. ironically, they filed after the statue of limitation had expired which is two years in indiana and is in not known by many. Is there any other way he can counter sue?
please advise,

regards,
 


L

lawrat

Guest
If they filed AFTER the statute of limitations, the person being sued has to just ask for a summary judgment based on the statute of limitations.



Simple. Counter sue is a possibility but will probably only be valid if the court finds the suit frivolous. Then, what are your damages? So, might be easier asking for the S.J.


____________________________________________________________
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
 
P

pamark

Guest
thanks for the reply. I have decided to ask for a summary judgement based on the statute of limitations.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top