Do my insurance have to pay for the other person's car damages? Can the other driver sue me If he was at fault?

Asked about 1 year ago - Port Saint Lucie, FL

Im 17 years old and was driving my mother's car with a learner's permit. Sadly, I got into a car collision yesterday evening around 5:45pm. I was driving straight down in the right hand lane while the other car was coming from the median lane. I didn't noticed the car until the driver made a left turn right in front of me. I slammed on the break evendough I knew there was no hope since I was driving about 35 mph. I parked my mom's car on the right side of the road then got out of the car. The man started yelling at me, told me I should've stop completely. A police report was filed stating I had the right of way and im not at fault. The other driver tried to lie by saying I was coming from another stop sign. The police didn't believe him. I got a ticket for driving with a permit. NOW WHAT

Attorney answers (8)

  1. Michael R Crosner

    Contributor Level 20

    14

    Lawyers agree

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    Answered . Have your parents consult a local traffic Ticket Attorney - usually inexpensive & well worth the fee. Tell your parents that many attorneys offer free initial consultations n& they can locate a local attorney right here on AVVO by using the tab "Find A Lawyer" Report the accident to your mother's insurance company & let them handle the claim.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  2. Mark J. Issa

    Contributor Level 13

    11

    Lawyers agree

    1

    Answered . Here goes:
    For the ticket you received, go to Court and see what options the Court offers you to keep your driver's license. If there is an attorney in your area that is affordable, I would suggest taking him/her with you.
    Notify your insurance carrier of the incident and that it wasn't your fault as supported by the police officer and police report. Then, go see an attorney that handles Personal Injury matters. Your personal injury lawyer may have a referral for a criminal defense attorney that can help you with your citation. Best of luck to you.

  3. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    11

    Lawyers agree

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    Answered . I agree with both of my colleagues. You need help to fight your ticket and keep your driver's license. Your insurance will take care of the other driver. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  4. Keith Patrick Ligori

    Contributor Level 11

    9

    Lawyers agree

    Answered . Hire a criminal defense lawyer to handle the citation you received. You will probably get a ton of flyers in the mail or go through the phone book or search on the Internet. If so relate ow Ed the car besides you you want to notify the owner of the crash because the owner of the car you were driving could have some liability exposure.

    Legal Disclaimer: To learn more about attorney Keith Ligori, please call our firm 888-254-7119 or visit our... more
  5. Brett Miles Bressler

    Contributor Level 7

    6

    Lawyers agree

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    Best Answer
    chosen by asker

    Answered . Q1: No, your insurance will not pay for the other driver's damages unless it determines you are at fault, and it does not appear you are at fault. Q2: No, the other driver cannot sue you unless you are at fault. Keep in mind your insurance company has the obligation to investigate and adjust this claim on your behalf; that is the purpose of insurance. Here are some other things to keep in mind: Your ticket had nothing to do with the accident. You may be in violation of the law for driving without an adult in your car. You should consider driving school as you may not have any defenses to the citation. Second, if you are injured, you have 14 days to seek medical treatment under the new PIP law which was effective 1/1/2013. So, go to a doctor that accepts auto insurance and get an evaluation. Third, if your car was new and it has a lot of damage caused by the other driver, you may have a claim for diminished value of your mother's car. You should consult with an attorney regarding all of these issues. Good luck!

  6. Tatiana Kadetskaya

    Contributor Level 19

    10

    Lawyers agree

    Answered . Lawyer up with a traffic court lawyer in your city

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Spend a couple hundred bucks for a local traffic court lawyer

  8. Lars A. Lundeen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . If you were, in fact, driving the vehicle without a supervising adult, you probably have little defense to the ticket. You could request a hearing on the ticket and pray that the police officer does not show up to prosecute the citation. If he does not show, you can move to have the ticket dismissed for lack of prosecution. Good luck.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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