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I have no insurance and the person that hit my car had expired insurance or no insurance not sure, can I still get sued?

San Antonio, TX |

So this lady hit the passenger seat door and then i drove to a street and she made seem like it was my fault but actually it was hers,and she also made it seem like it was a hit and run scene? I wasn't driving fast i drove forwards slowly and braking the car so she can see me going into a street.so once we got into the street she called the police and told the cops that it was my fault and she took the insurance that my parents had and we made the whole report and we were not hurt whatsoever, and the ambulance was not present at all, because neither of us were hurt, so the cop ended up towing her car which made me feel bad but i guess because she didnt pay the car or her insurance was expired? Am I screwed???

Attorney Answers 5

Posted

Your having or not having insurance has nothing to do with if you can be sued. Yes you can.

DISCLAIMER: Gene Burkett is licensed to practice law in the State of Texas and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship

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Asker

Posted

So what if the police report was done, and the police officer just said that I could leave already, he didn't give me a ticket at all he just gave me her information and she did not list her insurance. and he ended up towing her car because I heared the police officer say that her insurance has expired and that her name was not on the car, so they took her car and now shes going to have to go to where they took her car. and call some place and she also got my information but with my parents insurance.

Posted

Yes you may be sued.

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Posted

You can certainly be sued.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

The direct answer to your question is that yes you can be sued. Given your statement of the facts, if you were injured, you could sue the other driver. You are in what would appear to be a classic "he said, she said" case. That is both people in the crash have a different story about how the crash happened. If there were no injuries as stated, it is unlikely you will get sued. However, just because someone did not have signs of injury at the time of the accident does not mean there were not injuries. Often times, the next morning after a crash, the pain sets in after the excitement of the crash has faded away.

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Asker

Posted

But what if the other driver had no insurance in her name and the car was not hers at all, and I had no insurance at the time and the car was my parents, they let me borrow this car for school

Craig M. Murphy

Craig M. Murphy

Posted

I suggest you talk to a qualified lawyer because it sounds as though the other driver and you were permissive drivers. That means both of you had permission from the owners to drive their cars. As permissive drivers, each of you should be covered under the owners' insurance policies. If the owners of the cars did not have insurance, then you are out of luck.

Posted

Yes you can be sued. No one should own or operate any motor vehicle without maintaining adequate automobile liability insurance on the vehicle at all times. Hopefully you now have insurance coverage.

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.

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