In CA it’s the law that you must have a valid driver’s license and insurance to be on the road. I got cut off by a truck and when I took evasive I went off to the side via off ramp where the car had just stalled full of Mexicans the driver had no insurance and no drivers license and car was from Washington state. I figure that she shouldn't have been on the road to begin with and she assumes full responsibility for choosing to break the law and drive illegally, any lawyers online that can help me out? Worried about the passengers suing.
2006-09-02 09:55:42 · 14 answers · asked by lg304621942 4 in Cars & Transportation ➔ Insurance & Registration
im not a lawyer but Ohio has the same law. If you were sited for the accident yes they can come after you because it was your fault (yes i know she shouldn't have been driving in the first place, but think about is it her passengers fault that she did have one, they might not have known, which you know they did but can't prove it) but she should have been sited for no driver license and no insurance and you should be able to sue her for your car that is if it wasn't your fault? WHO WAS SITED AT FAULT!
2006-09-02 10:05:01 · answer #1 · answered by Anonymous · 0⤊ 1⤋
I'm not a lawyer. Basically it was the fault of the person who cut you off and if that person stopped or you have the license plate number and/or witnesses then you are in good standing.
I don't think your insurance company would pay the claim of the car you hit since you were not at fault.
The car that was hit will be cited for no driver's license and no insurance.
You can be sued by nearly anyone for anything. Look at Oprah and the Beef Council. If they want to sue you, they will. Fighting a lawsuit often costs more than paying the damages if awarded.
They would have to claim that you caused the accident and that you made up the bit about another driver forcing you off the road. You would have to show that another driver was involved or you would have to rely on your word. If there isn't any proof that another driver was involved, you will want to make sure that the police have a full description from you in their report of the car driven by the other driver and your response to the other driver. Did you beep your horn? The police should ask the people from the other car if they heard a horn beep. That would verify your statement. Also the police should list on the report the names of your passengers and whether those passengers observed the mistake of the first car.
It seems unlikely that people who can't afford car insurance could afford an attorney unless they found one who takes a percentage of the award. Still there are filing fees involved. Also I think they would have to sue you in CA and that would be hard for people from Washington. Also I don't think many or any lawyers would take on a case based on outcome since the facts would be in dispute, especially if there is evidence to the contrary or you are a credible person.
2006-09-02 10:20:52 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Yes, they can sue you for the damages on their vehicle and injuries to all passengers and the driver. Doesnt mean they wont get in trouble w/the law for driving w/out a license and insurance. They should have the sense to know that if there was a police report, or if either party sues, the driver will encounter legal consequences for driving w/out ins and a license and will be cited. However, that doesnt take away from the fact that you hit their car, and unless you can identify the driver or vehicle that made you take evasive action and hit the Mexican driver's vehicle, you will be responsible for their damages/injuries. Call your insurance company, and let them know what happened. They have all the right to sue and honestly have an excellent case since their vehicle was stalled. By the way, I dont see how their nationality has any relevance to the accident.
Personal Lines Insurance Agent-CA Auto
2006-09-02 13:55:09 · answer #3 · answered by maurcal 2 · 0⤊ 0⤋
Sorry, but the "she shouldn't have been on the road" defense won't work. Regardless of whether she is uninsured, she was not at fault for the accident, and will be entitled to a claim against you for property damage or injuries. The chips will fall where they may with her having no insurance. And the passengers are the most protected as they were guests in the vehicle, have nothing to do with the insurance of it or the operation of her vehicle, so they will definitely be able to make a claim.
Think about it this way. Let's say your license expired two days ago and on the way to the DMV you are rear-ended. When the cops show up they make a big fuss about you not having a valid license, but you're a good person and you fix it that same day. Now, is it fair for the person who struck you in the rear to get out of paying for your damages because you shouldn't have been on the road because your license was expired?
Although you or a lawyer might be able to make some trouble for the other driver not having insurance, her car is damaged as a result of your negligence.
2006-09-02 13:54:02 · answer #4 · answered by Chris 5 · 0⤊ 0⤋
I agree the uninsured, unlicensed driver should not have been on the road. But, she was. Her failure to be licensed and insured in no way affected her liability in this crash, from what you have described. If she was stopped on the highway in an emergency situation and you hit her, then you are at fault. Unless, and this is a big unless, you are able to verify your version of the crash. A disinterested witness or favorable police report would be most helpful. Otherwise this gets hung on you.
Regarding the passengers, they are innocent third parties and are able to collect in full from any other drivers involved. They can collect 100% from you or 100% from her, in theory. They played no role in how the accident itself happened.
To answer your question about a lawsuit - virtually any body for any reason can sue another. The question is whether or not they get a judgement and award in their favor. This is not a given. They can sue you. They may lose.
At this point, you don't need a lawyer, unless the exposure of the injuries obviously exceeds your liability limit of insurance coverage. In that case you may want your own attorney to handle the case that exceeds what your insurance will pay. What you need to do is notify your own insurance carrier and assist them in your defense. Your insurance adjuster will be able to tell you if you face an exposure above your liability limits of coverage. I'm thinking about the number of people and the possibility of severe injuries due to a highway crash vs low liability limits. You may have a problem. But, I don't know the amounts of your coverage or the degree of the injuries involved (if any).
Sorry to give the hard truth to you.
2006-09-02 10:59:48 · answer #5 · answered by nobody 5 · 0⤊ 0⤋
Report the accident to your insurance company immediately. You will receive a lawsuit from the Mexicans.
The owner/driver of the uninsured car isn't who you have to worry about. It's the passengers. They didn't do anything wrong. You don't need a license or insurance to be a passenger!And, since all foreigners are born with lawyers, you can bet they're all getting nice messages at a chiropractor's office 4 times a week at $275 a pop . . . and you'll be paying for it. (such a nice guy!)
Unless that guy that cut you off actually hit your car, you're el sunko (a little mexican lingo there). The PTBs will all determine that it's your fault for failing to maintain control of your vehicle.
Next time, make contact with the guy who caused the accident instead of a guy who didn't.
2006-09-02 10:43:53 · answer #6 · answered by Anonymous · 1⤊ 0⤋
No because they don't have any insurance and besides like you said you have to have a vaild drivers licsense and insurance and they probably just guessing went to jail and had to go to court because that is wha normally happens when you drive and don't have a vaild drivers license because any state in the United states requires you to have a vaild drivers lisence and insurance incase you get into an accident or so if something were to happen it would be coverd by insurance
2006-09-02 10:01:44 · answer #7 · answered by Cool Dude 2 · 0⤊ 1⤋
You are talking about Prop 213. They can sue for their damages, but under Prop 213, the driver can only collect for the amount of his/her bills. Report this to your Insurance co, let them handle it. IF you get sued, give the suit to your insurance co, verify receipt of the suit by your insurance co and they will defend you as it is part of what it covered under your policy.
2006-09-05 03:20:12 · answer #8 · answered by deadcars42 3 · 0⤊ 0⤋
They can attempt to sue you in small claims court as the courts can't stop anyone from filing a law suit, but when you appear in front of the judge he will throw the case out. When he does this ask him if he can do it with prejudice as this mean they can never try to sue you for the same claim.
2006-09-02 10:03:48 · answer #9 · answered by tdm1175 4 · 0⤊ 1⤋
get one of those lawyers where u only pay if u win., just in case those mexicans wanna sue. your insurance will def. cover ur car/truck because of uinsured motor vehicle whether its ur fault or not. good luck
2006-09-03 17:22:44 · answer #10 · answered by Anonymous · 0⤊ 0⤋