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I got into a small accident & i didnt have my license or insurance a year ago& now a lawyer is calling me?

Portland, OR |

It was my moms car & she got insurance. On her car after the accident ,& i got my license a week later and the police. Said because it was on private property the lady couldnt do any thing and that there were no damages and everything was ok? Im just wondering if this is something serious because. This was a year ago?

Attorney Answers 7

Posted

Sounds like you or you mom, or both are about to be sued.

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Joanne Reisman

Joanne Reisman

Posted

The asker is probably facing a lawsuit. I don't see however why the mom would be included in the lawsuit if she wasn't driving. The fact that it was her car doesn't make her a defendant in the case.

Joanne Reisman

Joanne Reisman

Posted

Although they could allege negligent entrustment by mother of her car to an unlicensed uninsured driver.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

the latter was my thinking

Posted

You need to consult with your insurance, and if needed an attorney.

This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms. I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundation. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin. Any views/opinions expressed in any context are my personal views in individual capacity only, and do not represent the views and opinions of any firm, client, or anyone else, and is not sponsored or endorsed by them in any way.

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Joanne Reisman

Joanne Reisman

Posted

The facts given state that the driver and the car did not have insurance at the time.

Posted

Being sued is always a serious matter. It sounds as if you are saying that your mother, whose car you were driving, did not have insurance. If that is the case, both of you stand exposed to being sued and held liable for the accident. That it occurred on private property does not mean you will not have legal exposure, especially if you caused or contributed to the happening of the accident. If there was "no damage to the vehicle", then that would be evidence that the woman is not entitled to monetary compensation - but it would not by itself stop her from commencing the action as, clearly, she believes otherwise. Consult with a local attorney.

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Joanne Reisman

Joanne Reisman

Posted

Unless there is some type of negligent entrustment allegation the mother is probably not a party to the lawsuit.

Posted

Contact your mom's insurance carrier and report the incident.

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2 comments

Joanne Reisman

Joanne Reisman

Posted

The facts given state that the driver and the car did not have insurance at the time. (It says the mom got insurance after the accident if I am reading it correctly.)

Kevin Coluccio

Kevin Coluccio

Posted

The facts were not exactly clear. If your mom did not have insurance there would, obviously, there would be no carrier to protect your interest. Was there coverage.

Posted

Sounds like there was no insurance at the time, and you had no license at the time. Only to attempt to get both of those after the crash. This is not great news for you. Just call the lawyer, and see what they want. The worst thing you can do is ignore it. You may be able to work something out that you can afford, or give them information that doesn't make their case as good as they think it is, they have only heard their side of it so far, not yours.

licensed attorney in Montana. Your specific state laws may be different.

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Posted

If I understand correctly you were driving without a license and driving a car that was not yet insured. You are responsible for any damages and just because you didn't believe there were damages at the time doesn't mean that some damages weren't discovered later. The person you hit may have recived medical treatment under her insurance coverage known as PIP. She may also have gotten car repairs done and maybe her insurance paid for that under her full coverage. So if she recieved benefits from her insurance company the insurance company is not subrogated to her right to come after you and will sue you for what they paid to their insured.

The other possiblity is that this women retained an attorney and is directly coming after you for her damages.

Either way you can still be sued - up to two years after the accident for personal injury damages and up to 6 years after the accident for property damages if there are not personal injury damages that require the case to be filed within two years. Oregon law provides that if there is judgment against your for damages caused in an accident, your driver's license can be suspended until the judgment is paid. A judgment is good for 10 years and can be renewed for another 10 years so this situation can last potentially for 20 years.

The way out of this type of problem, once you figure out if you are being sued and for how much, is to either negotiate and pay the damages or file bankruptcy. Filing bankruptcy will wipe out any debt you owe to the other driver and will make you eligible to get your license reinstated if it has been suspended on account of unpaid accident damages.

Keep in mind that the amount they claim you owe for the accident may be in excess of what your really owe so there may be room to negotiate and pay the damages before you have to resort to filing a bankruptcy. Consult with an attorney.

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Posted

If not insured, have a local lawyer negotiate a settlement and payment plan

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