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  1. #1

    Default Accident with No Injuries but Driver Had a Suspended License

    My question involves an injury that occurred in the state of: New York

    My mother was in an accident last week while driving my 2 year old son home. Thankfully no one was injured, but her car is totaled. The driver of the other vehicle has a suspended license and was driving a recycling truck that is suspected of being overweight. He was coming down an exit ramp off the highway and he claims that his breaks failed. He hit my mothers car from behind, knocking her clear through a 6 lane intersection. Both the police officers on site and the tow truck driver told my mother that the breaks most likely did not fail and they suspected that his truck was overweight and the breaks could not stop the additional weight.

    My mother will most likely get a check from her insurance company for the value of her car, but it will not be very much. She does not work and does not have the money to buy a new car, but is now forced to because of this accident.

    Is there anything legally that can be done on her behalf or on my behalf since my son was also involved in the accident. Driving an overweight vehicle with a suspended license has to mean something??

  2. #2
    Join Date
    Dec 2009
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    Lake Chapala
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    2,891

    Default Re: Accident with No Injuries but Driver Had Suspended License

    It means that the driver is in more doo-doo than he'd have been in had his license not been suspended and/or his vehicle wasn't overweight. It doesn't mean that you will get any money.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,876

    Default Re: Accident with No Injuries but Driver Had Suspended License

    Agree.

    She gets the actual cash value of her car whether it comes from her insurance or the other driver's insurance.

    Since her own insurance is paying her less her deductible, she will get her deductible refunded after her insurance collects from the other driver.

    She doesn't get to buy a "new" car if her car was used (unless, of course, she wants to pay for it). She ought to be able to use the money from the insurance to buy the same make, model, mileage and features. She would just have to add cash to it to make up her deductible.

  4. #4

    Default Re: Accident with No Injuries but Driver Had Suspended License

    Make sure you demand registration fees and sales tax of the totaled vehicle.

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