She was leaving a grocery store and got rear end by a truck, the driver then got out and started cursing at her. She had to spend a couple days in the hospital. What can she do? Does the other persons insurance cover her since it wasn't her fault. Can she sue for damages or what? Any advice would be appreciated.
2006-11-13 02:44:29 · 9 answers · asked by ddudley543 2 in Politics & Government ➔ Law & Ethics
Happened in Montana
2006-11-13 02:53:04 · update #1
If she was on private property the situation may possibly be different in some states from on a public street. Also, in most states (but not necessarily all, see the Calif. case at http://snurl.com/uninsuredalien ) one is not necessarily barred from suing just because s/he her/himself is uninsured. But it's illegal to drive uninsured.
And it shouldn't be possible: your car's tags are canceled in many states; your insurance agent has to report the non-renewal to you and to the DMV in those states.
It would be wise to see an experienced auto crash and moving violation lawyer to sort this out. You can't/shouldn't do it by yourself. There are hospital bills to be paid.
If you don't know any lawyers DON'T use the Yellow Pages. Go down to court and spend an hour listening to cases (DUI, etc.; also civil cases from accidents). Talk to lawyers and their clients. Pick a lawyer that way.
2006-11-13 02:48:55 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The most correct answer depends entirely on your state and the local laws. Many states have no-fault policies, and some have automatic coverage for the insured regardless of fault due to high numbers of uninsured drivers. Either way, if she was rear-ended, then the other person's insurance should cover it as it was his fault. Driving without insurance in some states is only a small fine. Again, it depends on your state.
The problem with not being insured in your mother's case is that she has to take it up with his insurance or sue by herself. If she were insured, her insurance agent would take care of her and then go after the other guy's insurance for reimbursement. By not being insured, you have sole responsibility for fighting the other guy's insurance company for payment...
Edit: I agree with the post by Sum, get an attorney willing to work on contingency. There are a lot out there for accident injuries. Maybe she'll win big and make it on one of those commercials...
2006-11-13 02:57:51 · answer #2 · answered by C D 3 · 0⤊ 0⤋
Filing a suit seems to be the only available avenue. Since your mother allowed her insurance to lapse and had no insurance the possibility of have the other driver's insurance being subjugated (charged or sued by your insurance company for the accident) is eliminated.
Also, since insurance is required by law she is probably looking at some legal trouble (perhaps not since it was on private property...depends on the state you live in) but you probably know this.
2006-11-13 02:58:49 · answer #3 · answered by iraq51 7 · 0⤊ 0⤋
Your mom could be held responsible for letting her insurance expire, but because the accident wasnt her fault the driver who hit her will be held responsible for all medical costs her injuries sustained and any damage to his and her car. You need to speak to a lawyer about this so they can tell you if you got a case or not because they know the law better than anyone outside their field.
2006-11-13 03:04:59 · answer #4 · answered by nabdullah2001 5 · 0⤊ 0⤋
If there are no witnesses to support her that she was not at fault then his insurance company will NOT pay, no matter what.
Because it is illegal to drive without insurance in any state, even if she called his insurence company, they won't even bother. Your best mode fo action is to find an attorney that deals in this matter, and even then, it may cost a lot more ---- The doctrine of clean hands!
2006-11-13 02:58:25 · answer #5 · answered by vividtoy 2 · 0⤊ 0⤋
It's ALWAYS your fault when you rear end somebody! Not sure why the other driver wasn't charged. But, you're always guilty when you drive without insurance. It just shouldn't happen, and I'm thinking that she should lose her liscense.
2006-11-13 03:00:48 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I would think the other guy's insurance should pay for it, but if she had insurance, her insurance would be fighting his to take care of her. She should probably get an attourney who will take it on a contingency. That means they believe in the case, don't ask for money upfront, and take a percentage when she settles.
2006-11-13 02:51:43 · answer #7 · answered by Gabby_Gabby_Purrsalot 7 · 0⤊ 0⤋
1) private property - what are your states laws on enforcment?
2) any rear end accident is always the rear vechiles fault
3) contact others insurance if they will not pay all costs then-
4) hire accident attorney but only one who only gets paid when you get your judgment.
2006-11-13 03:18:28 · answer #8 · answered by nellie 3 · 0⤊ 0⤋
tough luck...
When you don't have insurance... you're automatically at fault...
2006-11-13 02:47:19 · answer #9 · answered by Jimmy the Cricket 3 · 0⤊ 0⤋