Hi There. Adam is absolutely right. You should schedule a consultation with defense attorney immediately and review the charges, facts, and information so that your question(s) may be properly answered. Good luck to you.
The paperwork you signed will likely bar you from re-arguing the liability issue. This is precisely why the public should consult with an attorney before dealing with an insurance conglomerate whose sole purpose is to increase profits by paying out as little as possible. Know your rights next time before you sign them away.
Your husband will be entitled to recover against the negligent driver for his damages, assuming he can identify the other driver and the other driver has insurance. If he cannot identify the other driver or the other driver does not have insurance, then he should go through the uninsured motorist coverage on his vehicle (assuming he has such coverage). My office handles cases like this all the time. Feel free to call for a free consultation.
The only gamble with pursuing a legal action against her is whether, if you win, you will be able to collect. Legal action is a lot of work and takes a lot of time. In addition, just to file a lawsuit these days will cost you up to $500.
Regardless, you should at least try to get her to pay out of pocket, even if you have to accept installment payments. The worst that could happen is that she says no.
Your question raised the issue of entrustment. The issue to focus on is whether the driver who caused the accident was a permitted user of the vehicle. If the driver was , then you have to look at policy to see if driver was excluded. If not excluded, you may have a valid claim for damages on the owner's policy. Additionally, you will want to see if the driver his his or her own insurance coverage in effect at the time of loss. Great question. Good luck to you.
You should gather all information you have about your case (i.e. witness contact info, medical records, etc.) and immediately consult an injury attorney, such as myself. Most reputable firms offer free consultations and will evaluate your case before you move forward with a claim.
If the at-fault driver was not insured at the time of the accident, it is best for you to go through your own insurance policy if you have the coverage. You should contact your insurance company and find out if you are covered.
Before one can answer your question, you will need to get information on whether you had insurance on the vehicle. If you did, then simply contact the insurance carrier and arrange for repairs to be made under the policy.
Elite Auto is a great place to call for help with property damage. Their phone number is 602-276-4400.
Having dealt with this office before, you better go in prepared. Gather all of the documentation from the failure to appear incident, including the date the suspension was lifter. Go to the DMV and get documentation proving the suspension was lifted and the date it was lifted. Then present it to the prosecutor before your next hearing. You should also take a look at the suspension statute as it prescribes the time frame the suspension is supposed to last.