They were stopped to turn, the woman that rear ended them did so at 55mph. My daughter now has a concussion. I know my husband shouldn't have been driving. Our car destroyed. There's, just a scratch. But now they want to sue us. What can we do. Even thought my husband had a suspended license and no insurance, she hit him. Someone help me!!! Please!!!
2006-08-19 14:02:42 · 14 answers · asked by ginisin1972 1 in Politics & Government ➔ Law Enforcement & Police
Every state is different. Contact a lawyer to see what your state laws say about it. If she hit his car from square behind EVERY insurance company sees that as having maximum contribution o the accident. Her insurance company should reimburse you for your car unless state law prohibits it (like in NJ) if you don;t carry insurance..
2006-08-19 14:12:17 · answer #1 · answered by Anonymous · 0⤊ 1⤋
It is time to get a lawyer. From your description, the woman was at fault, and so will be responsible for the payments. You should document everything about the accident you can, from police reports, damage pictures, estimates, medical assessments, etc.
If your husband left the scene to avoid getting caught for the license issue, then the fault can be transferred to him in some states.
The woman may sue even if the accident was her fault. If you can show that she caused the damage, then you'll get off ok. Your laywer may end up being paid by the woman.
Now, the good news. A lot of folks decide not to sue after a little bit.
Oh, yes, one other thing. If she is at fault in the accident, then she should or her insurance company is likely to be liable for reasonable medical bills. You may end up having to sue her.
Also, your husband most certainly can be sued without a license or insurance if he is at fault for an accident.
2006-08-19 14:13:43 · answer #2 · answered by drslowpoke 5 · 0⤊ 1⤋
You should get a lawyer to help you with this. There is a chance you will be able to counter sue this person because while your husband was wrong that doesnt mean that the accident was his fault.
Her insurance should pay for all of your medical bills and the damage to your vehicle, providing that your husband had working brake lights, and a turn signal would be good too...
A lawyer would be the best advice for you to hear...Get a lawyer.
Good luck...
2006-08-19 15:21:40 · answer #3 · answered by Walter J 3 · 0⤊ 0⤋
Your husband can sue the woman driver who rear-ended him for your daughter's medical bills and the value of your car which was totally destroyed in that accident.
However, your husband can be held liable for driving with a suspended license and lack of insurance coverage.
2006-08-19 14:25:47 · answer #4 · answered by Belen 5 · 0⤊ 0⤋
At 55 MPH, your daughter just got concussion, and lady's car just got scratch ? Your husband is not telling you whole true.
Since she will sue you for more than limit of small claims court, You need a lawyer any way. You should hire a lawyer to defend your self soon as you can.
2006-08-20 05:05:05 · answer #5 · answered by novak-9 4 · 0⤊ 0⤋
Your husband broke the law and it is punishable by fine and further suspension even revoked for an unspecified time.
Now since the accident was not your fault, it still remains that the contestant would sue saying that if you had abided by the law, maybe the accident would not have happen, but that is neither here or there.
The fact you have no insurance means thta there another fine, but still since the accident is claerly shown that it was niot avoidable, then the defendant has right to contest anytihg the respondent may bring about afterewrds.
2006-08-19 14:13:05 · answer #6 · answered by Anonymous · 0⤊ 1⤋
I disagree with the last answer about picking up the tab. Even though he shouldn't have been driving, this woman IS at fault - she rear ended him. My advice to you - get a lawyer and fight it. She has no legal binding, especially if the police officer that came to the scene gave her a ticket. Sounds like she's just trying to get out of paying for damage to your car and medical injuries. Good luck, it might be a long, drawn out court fight but don't give up.
2006-08-19 14:15:24 · answer #7 · answered by c.grinnell 3 · 0⤊ 0⤋
Send your husband to school cause he is stupid. It should not matter if he was driving under suspension. What if he was on foot . What if he was on a bike. she hit him she should be at fault and liable. but the US has some screwed up Laws. Everyone here so far , says get a Lawyer. Most seem to have more common sense then your husband did. I would listen to them
2006-08-19 16:05:03 · answer #8 · answered by Shawn S 3 · 0⤊ 0⤋
you'd have to check your local laws but even though he shouldn't have been driving you're right she did rear end him so I believe you have the right to counter sue because she caused injury. your husband is at fault for driving while suspended but she is also wrong. I would definately file counter suit.
2006-08-19 14:10:18 · answer #9 · answered by nimopiba 3 · 0⤊ 1⤋
Try to countersue them. In most cases the person who rear ends someone is the person at fault unless they can prove the person in front of them purposely tried to get hit.
2006-08-19 14:12:51 · answer #10 · answered by Lindsey 3 · 0⤊ 1⤋