• 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.

Accident with unlicensed driver.

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

D

Dotikk

Junior Member
What is the name of your state (only U.S. law)? Rhode Island

I was in an accident a few weeks ago and am still in the process of sorting out faults. I was making a left hand turn, and was struck by a vehicle in the opposing lane. Usually cases like this would be 100% my fault but there are a few snags.

1: I have a police statement from a third party witness (the car behind me) That I had plenty of time to make the turn and the other driver was speeding.

2:The other driver had a warrant out for his arrest.

3:The other driver was driving with a suspended license. It was his girlfriends car and her insurance.

He is suing my insurance company for 'soft tissue' damage. Which is utter bull****, IMO. As I would be the one most hurt in this case. But I digress.

Does him driving with a suspended license make him at fault? (My insurance company is going 60 mine, 40 his. His insurance is saying 100% my fault).
 


justalayman

justalayman

Senior Member
1: I have a police statement from a third party witness (the car behind me) That I had plenty of time to make the turn and the other driver was speeding.
Click to expand...
the fact you were hit tends to prove that claim as untrue. You may have had time if he wasn't speeding but as a driver, it is your obligation to judge all elements of the case at hand when making a decision such as; do I have time to complete my turn before I get my butt run over.

2:The other driver had a warrant out for his arrest
Click to expand...
. and? doesn't change anything as far as culpability

3:The other driver was driving with a suspended license. It was his girlfriends car and her insurance.
Click to expand...
and? it doesn't change culpability. If he was at fault, it might mean her insurance company wouldn't cover the damages. You're lucky though since it appears it was your fault so you won't have to worry about that.

He is suing my insurance company for 'soft tissue' damage. Which is utter bull****, IMO. As I would be the one most hurt in this case. But I digress.
Click to expand...
if he is hurt, he is hurt. Unless you have had the opportunity to provide a medical exam, you have no way to know his claims are not true.

Does him driving with a suspended license make him at fault? (My insurance company is going 60 mine, 40 his. His insurance is saying 100% my fault).
Click to expand...
no, the suspended license does not make him at fault. It makes him a criminal but it does not negate your actions.

edit:

no, he isn't suing your insurance company. He is suing you and if he wins more than you have coverage for, it's out of your pocket.
 
D

Dotikk

Junior Member
justalayman said:
the fact you were hit tends to prove that claim as untrue. You may have had time if he wasn't speeding but as a driver, it is your obligation to judge all elements of the case at hand when making a decision such as; do I have time to complete my turn before I get my butt run over.

. and? doesn't change anything as far as culpability

and? it doesn't change culpability. If he was at fault, it might mean her insurance company wouldn't cover the damages. You're lucky though since it appears it was your fault so you won't have to worry about that.

if he is hurt, he is hurt. Unless you have had the opportunity to provide a medical exam, you have no way to know his claims are not true.

no, the suspended license does not make him at fault. It makes him a criminal but it does not negate your actions.

edit:

no, he isn't suing your insurance company. He is suing you and if he wins more than you have coverage for, it's out of your pocket.
Click to expand...
Well, here's the deal. Thanks for the advice about the suspended license. Anyway, as he was being put in the police car he complained of neck pain. He was brought to the hospital where he was released within an hour. He is claiming he cannot work due to injury which is where the lawsuit is coming from. He doesn't have a 'real' job. He is a semi-professional boxer. If I were to get proof of him boxing, would that negate his lawsuit?
 
E

ecmst12

Senior Member
I wouldn't even concern yourself with trying to discredit his injuries, that's largely pointless. If he received medical treatment, he will get compensation. Your insurance company will handle everything and you probably won't need to get involved at all.
 
justalayman

justalayman

Senior Member
If I were to get proof of him boxing, would that negate his lawsuit?
Click to expand...
if part of his claim is he cannot box, it would seriously injure, it at least.

I have known people that didn't even go to a hospital that ended up with life altering injuries. The time spent in the hospital does not prove a lack of injury. It just means there were no injuries the hospital needed to treat at the moment.
 
D

Dotikk

Junior Member
ecmst12 said:
I wouldn't even concern yourself with trying to discredit his injuries, that's largely pointless. If he received medical treatment, he will get compensation. Your insurance company will handle everything and you probably won't need to get involved at all.
Click to expand...
I just don't feel right when, excuse my openness here, *******s like this try to take advantage of mishaps. I have already fixed my own car out of pocked and this guy is going to sue me for god knows how much for some made up pain? It just sucks.
 
E

ecmst12

Senior Member
Sometimes life sucks. You shouldn't have turned in front of him - even your insurance says this is mostly your fault. This is why you have insurance.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

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