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  1. #1
    Join Date
    May 2006

    Default Can a Civil Case be Filed?

    My wife and I just accquired a 1969 MGB and got our insurance for the vehicle. 1 week after we got the car she got hit from the side while she was stopped at a stop sign and the woman said it was my wife's fault because the tip of her bumber was just over the fog line. We later found out that we had liability only coverage for the car which was a mistake anyway. According to Alabama Law, if someone is 1% responsible for the accident the other persons insurance does not have to pay regardless. The police report only states that the other lady swerved to avoid my wife and no measurements were taken. We have pictures showing her safe location. If her Insurance doesn't pay can we file a civil suite against her for hitting a stopped vehicle and not being able to control her own car. (If she had done nothing at all, nothing would have happened to begin with)?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can a Civil Case be Filed?

    If your claim with her insurance company fails, and you believe you can prove your case in court, there does not appear to be anything which would stop you from pursuing a legal claim against the at-fault driver.

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