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I got into an accident recently with another driver who had a suspended license. He is now trying to file a claim.

Lafayette, IN |

A police report was made at the scene that indicated that no one was directly at fault in the accident. He was taken to jail at the time for driving with a suspended license. Will he be able to file a claim through my insurance? I turned in front of him, but he was speeding and in an area with limited visibility.

Attorney Answers 6

Posted

Yes, he can file a claim against you and your insurance company. Whether or not he had a valid driver's license at the time of the crash has no bearing on who caused the crash. I would notify your insurance company of the claim if you have not already done so.

Chris Wyant Attorney at Law Brown Tompkins Lory & Mastrian 608 East Market Street Indianapolis, Indiana 46202 317-631-6866 phone 317-685-2329 fax cwyant@btlmlaw.com www.btlmlaw.com

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Posted

Suspended license is not a cause of the accident. Turning in front of a vehicle often is. Give your carrier prompt notice.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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1 comment

William Walter Hurst

William Walter Hurst

Posted

Whether or not a person has a drivers liscense is irrelavant but if you can prove the def was speeding then you have a claim despite your failure to yield.

Posted

I would consult with a lawyer as it seems the other person is blaming you for the incident b

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Posted

Yes, he can file a claim. That does not mean that your insurer will consider you at fault and pay the claim. If they consider the other driver to be 50% or more at fault, they will not honor the claim.

Mr. Padove is licensed to practice law in Illinois and Indiana. 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. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below. Burtonap@aol.com (219) 836 2200

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Posted

Yes, but simply report the accident to your insurance company to resolve.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Posted

Yes. His lack of licensure has no bearing on negligence issues.

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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