if boy hit car and had 3.6 alcohol level, and husband was driving on suspended license and was injured they both went to jail. my car is totaled we live in georgia.
2007-06-04 01:49:32 · 6 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
this is the only transportaion that i have. i am suppose to pick up the police report on monday. the boy told the officer that he RAN the red light.
2007-06-04 01:51:08 · update #1
Check with a lawyer. Even though your husband was on a suspended license, if he did nothing to cause the accident, the other party should still be liable. With a 3.6 BAC and his admission of fault, you have a good case!
If the car is totaled, you will get the cash value of the car. If you owe money on the car, that will have to be paid out of the settlement.
Good luck.
2007-06-04 02:19:49 · answer #1 · answered by fire4511 7 · 0⤊ 2⤋
First off, if you have insurance and haven't already done so call your insurance company to see if you have collision coverage.
Second, if the other driver has insurance call them. If they have liability insurance that coverage can be used by you. From what you describe the other driver will be the majority of the fault for this accident.
Third, in most states not having a valid drivers license does NOT void coverage on an insurance company. Over the years I have handled claims in approx 20 states (not GA though ) and have never been allowed to deny coverage because somebody was driving on a suspended license. If that was a legitimate reason to deny coverage I could have saved tons of money over the years. Assuming you have insurance talk to your adjuster about the issue of the suspended drivers license.
Good Luck and make sure your husband clears up whatever caused his DL to suspended.
2007-06-04 07:51:57 · answer #2 · answered by fighting saints 6 · 1⤊ 0⤋
State law and the wording of your insurance policy will determine if you can recover anything.
Most insurance policies require the driver to be properly licensed. Since your husband was not, any collision coverage will almost certainly be void and you will NOT be able to collect.
The other party's liability coverage MIGHT cover your husband's injuries and the damage to your car. Your husband's operation of the vehicle with a suspended license can affect his ability to recover.
FYI, the other driver didn't have a 3.6 BAC. He may have had a .36, and would have been nearly comatose at that level. A 3.6 would be way past fatal, which is generally .5% BAC.
This is very likely to be looked at by the insurance company as a 50-50 event. Neither driver should have been on the road, so each will be responsible for their own losses. Had either driver obeyed the law, the accident would not have occurred.
You need to consult with an attorney. Since your husband was driving suspended, your insurance company is not likely to assist so that will come out of your pocket.
2007-06-04 02:31:50 · answer #3 · answered by Bostonian In MO 7 · 0⤊ 2⤋
If I understand your question correctly, the driver of your car, your husband, was driving on a suspended license and was hit by a drunk driver, and both went to jail. That probably means your car was towed off.
All you can do is call your insurance agent and ask if you are covered or not. If I had to bet, I would bet you are not since you (assuming the car is registered in your name) allowed him to drive, knowing he wasn't licensed. But it will depend on the wording of your policy, and the law in your state.
If indeed your car was towed, please call the towing company as soon as you know about coverage and make arrangement with them. Storage fees are added daily and it may wind up costing you a lot if you ignore them. If you aren't covered, tell them that and offer them the title so they can take it to the crusher and stop the storage at least.
2007-06-04 03:13:53 · answer #4 · answered by oklatom 7 · 0⤊ 0⤋
I am so sorry but you are most likely out of luck. If your husband had not been driving with a suspended license he would not have been in an accident. Your insurance will most likely deny the claim where he was driving illegally. I would ask a lawyer just to be sure but I believe you are out of luck.
2007-06-04 02:00:05 · answer #5 · answered by Joey R 5 · 1⤊ 2⤋
You can try using your insurance but the claim will most likely be denied being that he was driving on a suspended licence. If not you'll have to take out a loan to fix it.
2007-06-04 01:58:43 · answer #6 · answered by Tony4usedparts 2 · 1⤊ 3⤋