Can I sue a suspended driver for my car damages?

Asked over 1 year ago - Lorton, VA

I got into an accident with a suspended driver who was not insured & driving a vehicle that was not under her name. She stopped in the middle of the road with no cars coming and I pulled out after her seeing that the road was clear then she stopped in between two lanes blocking the whole street. The only other option I had was to drive onto then side walk. She tried telling me it was my fault and we could just leave with no cops being called(this is because she had a suspended license).She was issued 3 tickets and I was given none. Her car had no damage but mine has $9000 in damages. Do I have a case or not, her insurance says they believe I was at fault and they would not pay.The officer that day told me to sue her because she should not been on the road in the first place.

Additional information

Correction what I meant was I contacted her husbands insurance who was the owner of the vehicle. The police officer did not say who's fault it was. He just told me to take her to court and I would have a 99.5% chance of winning because he has done it before. I have herd that Virginia has 0% tolerance for suspended drivers.

Attorney answers (5)

  1. James Donald Garrett

    Contributor Level 20

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    Answered . You say at first she's uninsured, and then at the end that her insurance is refusing to pay. Does she have insurance?

    Other than the damage to your vehicle, were you injured? You can sue the driver in small claims court (up to $25,000) and get a judgment against her for the damages to your vehicle as well as any physical injuries. You would have to show that she was negligent in her operation of the vehicle, other than her license being suspended. If you win, the DMV will put a hold on her license being reinstated until she satisfies the judgment.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  2. Seth Raven Carroll

    Pro

    Contributor Level 12

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    Answered . I do not understand, does the driver have insurance or not?

    Sounds like you definitely have a case. You should call for a free MVA consult and discuss with a lawyer.

    Seth Carroll is licensed to practice in Virginia only. The preceding is for information only and should not be... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Is there insurance?

  4. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

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    Answered . You have a "case" if you can prove that her negligence caused the accident. If it is your word against hers, then the best story will likely win. If there are "independent" witnesses, then usually their testimony will resolve who wins. You should get a copy of the police report and see what it says about who caused the collision. The insurance company will usually, but not always, make its liability determination in accordance with the police report. If the insurance will not pay, you may not have to sue.

    Good luck.

  5. Andrew Russell Page

    Pro

    Contributor Level 13

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    Answered . Did you suffer any injuries? If not, I'm surprised that you cannot find any kind of coverage. If it's only property damage, you will likely have a tough time finding an attorney. If there are personal injuries, an attorney would be advisable here as there are multiple insurance companies who may be responsible for your coverage. Contact an experienced personal injury attorney in your area soon. Good luck!

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