My husband was in a car accident. No one was charged with fault. We are unclear if the person had auto insurance however, we are suspecting that he did not. It is a law in our state that you must have car insurance.
We were served with legal papers today stating he is going to sue us. Is there anyway that the lawsuit can be thrown out as he intially broke the law by being on the road in the first place?
2007-12-19 14:44:37 · 4 answers · asked by gracie.barbosa 5 in Politics & Government ➔ Law Enforcement & Police
Pass it to your insurance company. That's why you have insurance, so that they handle court cases (for or against) for you. Your company will have the services of highly experienced lawyers who know these kind of cases inside out, and if the plaintiff has no lawyer, most likely they'll get him easily. Either way, you have insurance so you don't need to worry about it.
2007-12-19 14:54:29 · answer #1 · answered by The Camel 4 · 0⤊ 0⤋
Nope - "he should not have been on the road for me to hit" is not a valid defense.
Some states (like California) will limit what you can recover if you do not have insurance to economic damages only. However, most do not have a law like that.
During the course of a law suit - insurance ins not allowed to be mentioned.
What to do: Call your insurance company NOW! They will need you to send them a copy of the suit papers (you can email or fax). They need to know when you got the papers and how (certified mail or process server). Per your auto policy - your insurance company will hire an attorney to defend you. You do have the right to hire an attorney of your own choosing - at your own expense- to work with the attny hired by the ins co. However, the ins co will hire a reputable attny that is specializes in this type of defense work.
Your insurance company will need to you to send them the original suit papers - but you can get the process started by faxing or emailing the papers.
The insurance company has a limited amount of time to get an answer on file. If they do not get a answer on file in time - it can result in a default judgment against you. Therefore, time is of the essence.
2007-12-19 15:18:04 · answer #2 · answered by Boots 7 · 1⤊ 0⤋
Whether or not he has insurance has no bearing on who was at fault. He will have to deal with the state in that matter. In most states you do not have to have insurance, but you have to have proof of financial responsibility if you are in an accident. That could include insurance or some kind of bond.
Be sure to let your insurance company what is going on.
2007-12-19 15:02:36 · answer #3 · answered by hamrrfan 7 · 0⤊ 0⤋
Probably not! ! ! If someone does not have an insurance they probably can not win a lawsuit! ! !
2007-12-19 15:27:58 · answer #4 · answered by Anonymous · 0⤊ 1⤋