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  1. #1
    Join Date
    Oct 2005
    Location
    san diego
    Posts
    3

    Default Uninsured driver not at fault

    my husband was in an accident last year where a woman ran a red light and hit him head on, totalling our car. thank God he and our two small children were not hurt. there was an independent witness who said that he saw her run the light. this was all recorded in the police report. at the time of the accident we were not insured. we did try to sue the lady, seeing as how she was responsible for the accident. but the judge didnt think the police report was good enough evidence, if you can believe that! and dismissed our case. so here we are more than a year later and the passenger of the other vehicle(the womans son)is trying to sue us for his injuries resulting from the accident and the airbag deployment. now I'm wondering if he can sue us although we were not at fault.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Sued in Car Accident

    He's surely alleging in his suit that you were at fault. Assuming you appear and defend, you will be able to try to convice the court that you were not.

  3. #3
    Join Date
    Oct 2005
    Location
    san diego
    Posts
    3

    Default being sued by passenger

    this kid is sueing my husband, his own mother(who was at fault in the accident)as well as the car company, claiming we were all at fault for his injuries. what a kid! we will try to get in touch with the witness, and hopefully he will be able to go to court with us. im stuggling to get my notary business going while my husband works full time to support our family. so we, like many other "not quite low income" families, are living paycheck to paycheck. the only possessions we have are our two very old cars, mine being on its last leg(blown head gasket & busted radiator). if this kid does win will he actually be able to get anything from us?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Auto Accident Lawsuit

    I can't prognosticate how collectable you would be; I just know that you're better off if you prevail in the suit, rather than ending up with a judgment pending against you (and possible consequences to your husband's driver's license for having an outstanding judgment from an auto accident.)

    Your experience stands as a cautionary tale as to why drivers should carry insurance.

  5. #5
    Join Date
    Oct 2005
    Location
    san diego
    Posts
    3

    Default always carry insurance

    we definitely know it pays to have insurance. we found a company who offers the lowest rates we've ever seen. we went from paying roughly $150 a month for 2 cars to paying about $60 a month for 2 cars.
    thanks for your advice Mr.Knowitall, I hope we can pull through this. my husband cant afford to lose his license, he's a commercial truck driver.

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