Will I have to pay for damages in an accident where I was liable but the other driver had a suspended license?
Find answers to your legal question.
Will I have to pay for damages in an accident where I was liable but the other driver had a suspended license?
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I was liable for an accident, but the other driver was driving on a suspended license in her ex-boyfriends car, which she was not insured on. Will I have to pay for her damages?
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Deliah
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of course |
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MSAD
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Yes.
The fact she did not have a driver's license did not cause the accident. Your negligence did. You don't get a free pass on a technicality.
The legal concept is called "Proximate Cause". That means what event caused the whole accident. What piece of the chain can you take out and prevent the whole thing from happening? According to you - that piece is you.
If I took out a magic wand and presto change-o - she has a drivers license and insurance - does the accident still happen? Yes it does. Therefore, her lack of driver's license and no insurance does not prevent her recovery.
Some state laws may limit uninsured drivers recovery to economic damages only - but I do not know of any state that says this would automatically make the accident her fault or bar her recovery completely.
You were negligent - you caused the accident- your insurance company will pay for the other driver's damages. She probably got a ticket for no license and no insurance but that will not affect who caused the accident.
And no the ol "Well she should not have been driving which means she should not have been on the road for me to hit in the first place" is not a valid defense. |
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dawnO
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The other insurance co is going to fight it especially if she wasn't on his policy! Plus you were @ fault. sorry |
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kmd110685
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ummm. yeah ... you were still in the wrong |
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mike1942f
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Probably. You damaged the boy friend's car. You are liable and therefore responsible for your actions. Your insurance should pay some of the costs. |
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lmora@prodigy.net
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Yes. |
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a.sade86
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it was your fault. then u pay. just because she didn't have a valid license doesn't mean she was at fault. |
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joeybo
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he is he not aloud to drive |
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selene
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No! Because first, that was an accident and second, even she sue you,I think you can win the case because she's driving with a suspended license and I know she know that.You can sue her if you want for some violation or you can try to consult a judge for your case or pay for your own attorney. |
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skittle_goddess_2525
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i'd fight it, had she been following the law she'd not have been there to get in the accident with you. diggit? take her *** to court! fight it. |
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Jonny
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no its atomaticly voided she is responsible now if she doessnt pay you could open a lawsuit because she was driving ilegally |
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smackas2000
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No you will not have to pay for it . because she was breaking the law to Begin with and anyone that is involved in a accident without a license is automatly at fault .because if she was following the law she would of not been there.also your insurance will fight it too,they will not pay out .they will fix your car and her boyfriend's insurance will pay for his or they might even fight him and he will have to fix it his self. because he is responsible to make sure who ever drivers his car has a license,and it become his fault too. |
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