Auto accident, at fault, other driver had suspended license, advice/help??

About a week ago I was involved in an accident. I was going left and the other person was going straight so I was deemed at fault. The other driver was excessively speeding and could have avoided me if they moved to right lane (I was almost across intersection); instead they swerved in front of me. The ambulance came and when I asked if everyone was okay he said yes, no one was taken to the hospital etc. The driver of the other vehicle had a suspended license, no insurance, and no registration, and they were not driving their own vehicle. Another passenger in the car had a warrant for his arrest. Both he and the driver were arrested. Yesterday I received a letter stating they are suing me (well my insurance company) because a passenger was injured. Is there any hope for me in fighting it because of the fact the driver had no license, insurance, etc...?Auto accident, at fault, other driver had suspended license, advice/help??
no, the police decided it was your fault, failure to yeild.....that no lic. no ins. used to fly, by saying they had no business driving, but not any more.......Auto accident, at fault, other driver had suspended license, advice/help??
Nope, you are still at fault the law will deal with their issues. Rest assured your insurance company will deal with this so don't worry too much about it.
If it was your fault, it doesn't matter if the other driver had no issurance or a drivers license. They get to pay their fines, and you get to pay for the damage.
I work in Insurance liability and you are going to be considered at fault regardless of the suspended license, There could be minor neglegence applied to the other vehicle driver but you are at fault for the loss.
I would think so. I'm sure your insurance company will fight it. Especially if they are aware of the situation with the other driver.





Good luck!
You will be at fault for damage and injury for the accident. It does not matter that they had suspended licences, warrents, etc. They still were injured in the accident. Now with outstanding warrants and crimes, they probally will end up in jail over this.
Wow...I had just about the exact same accident two years ago this week. Thats crazy. But the cop that showed up was my old neighbor, and it happened right in front of his old house (and mine), so he cited both of us. He knew how people would speed through that intersection. I admitted to not stopping long enough so it was my fault, but the other guy was in the wrong too.





The thing you have to prove (in criminal/traffic court) is who had the right of way. If you had it, you will win. If you didnt have it, you have no chance of winning. Simple as that. No other factors matter in court. It all comes down to this, regardless of other contributing circumstances.





But seeing as this is a CIVIL case, you could try a countersuit. You could claim that had the other driver been following the law (i.e. not speeding, not driving without insurance, not driving without a valid license, not getting checked out directly afterward by a physician, etc.). Also, I thought they had to get checked out by a doctor in order to be able to prove they were hurt. The insurance company WILL be checking into this. How long after the accident did they get checked out, if they even did? You'll need a lot of evidence (accident report, insurance company investigation report, witnesses, maybe a testimony from the officer, etc.), but you might be able to fight it.





Good Luck.
Nope, you were still at fault for the accident. You turned into their path - irregardless of what you ';think they should have done'; to avoid. Straight has right of way over left turn.





The passenger might not have recognized their injuries at the scene, and therefore not sought immediate medical treatment.





A driver's license and insurance would not have prevented a crash that you were at fault for.
If the driver of the other car had a suspended liscense then he is automatically at fault. I don't think you have any problem at all.
Depends on the laws of your state. If your state code has provisions for contributory negligence, the lawsuit can be thrown out if you can prove that the other driver's negligence also contributed to the injury (that's where the speeding and swerving in front of you may come into play). The problem with arguing the suspended license angle is the fact that they're suing because a passenger was injured, not the driver. They could always argue that the passenger had a reasonable belief that the driver of the vehicle was properly licensed and insured. You'd have to prove that the passenger KNEW the driver was driving on a suspended license, and even then you may not be completely absolved of all responsibility. But hey, I'm not telling you anything your insurance company doesn't know already. The best thing you can do is make sure your insurance company knows everything you know and then just let them handle it.
The other person not having a license has no bearing on the who is at fault for the accident. His breaking the law and driving without a license does not negate your responsibility. The passenger having a warrant for his arrest doesn't negate the fact that he could have been injured. If you have insurance it is your insurance companies responsibility to represent you in this matter. Believe me their stake in this is as great or greater than yours because they are the ones who will footing the bill (granted you have paid premiums and likely they will increase) but it is still now their money that they will have to pay out if they have to pay for a bodily injury claim. Because they have a stake in this they will investigate every possible defense for them if there is one. It is very possible that at the scene the person did not realize they were injured. It is very common for a person to start to feel the pain either the day or a couple days later. Your insurance company will likely get the medical records and look into this as well before ever paying anything out. Unfortunately, other than cooperating with your insurance company when they ask you what happened there is not a lot you can do. Insurance companies see fraudulent bodily injury claims all the time and they know how to handle them.