Reckless Driving Suit

[junbuhg]

What is the name of your state? Texas

About 2 years ago a friend of mine was involved in a car accident. It was raining and the driver in front of him seemed to stop for no apparent reason. My friend saw in time and, because of the slick roads, he had to go up an embankment to avoid hitting the other driver. (He smashed the driver's tail light while his own car was totaled). There were 4 ppl involved (2 passengers, the other driver, and my friend) and no one was hurt, however once the police got there,the female passenger of the other vehicle complained of back pain so an ambulance was dispatched. My friend never received a citation for the accident and his insurance company paid for the accident. Now, 2 years later, the female passenger is trying to sue my friend for reckless driving because she never received compensation for her hospital bills. (We don't know why, but his insurance company refused to pay for them.) Does she have a case? What's the statute of limitations for a suit regarding reckless driving? We got a copy of the police report and it doesn't mention reckless driving or a citation anywhere - is this all we need to disprove her case? Any information would be really helpful. Thanks!

 

[racer72]

Your friend needs to contact the insurance company that covered him at the time of the accident. They will be obligated to provide legal representation for this incident. Be forewarned, a lack of a citation does not remove liability for an accident.

 

[GA Gen Prac Law]

Georgia
Another thing, depending on the state. Is that sometimes insurance companies take their interests into account over and above your interests, even when they ar enot supposed to do so, under their contract with you. I know that some states also require the insurance company to go outside their normal counsel of you and hire someone else to insure that this doesn't happen. You'll have to consult with someone from your state on that though.

 

[junbuhg]

Thanks for your information. He's already planning to speak to a lawyer about the case. I understand that lack of citation doesn't necessarily remove liability - but, as I understand it, without the citation (especially without it stating reckless driving) it's basically her word against his, right?