I was in a accident with a truck his fault but I found out my license is revoked but I am on an insurance policy can I still sue

Asked almost 5 years ago - Waukegan, IL

I was sitting behind a eighteen wheeler frieghtliner at a stop sign left turning lane in a T intersection. The truck reversed and I blew my horn,he continued to reverse as I got my car in reverse he made contact with my car pushing me back faster than I could move damaging my car and causing injury to my left shoulder and across my chest. I am a homeaid for disabled adults and I also moonlight as a hairstylist.I am covered by an insurance company but I found out at the scence my license is revoked will I still be able to sue for damages and lost wages?

Attorney answers (3)

  1. Stephen Laurence Hoffman


    Contributor Level 20


    Lawyer agrees

    Answered . You have 2 separate issues: one is your driver's license, which I will address below, and the other is the collision caused by the truckdriver.

    You were injured and arguably due to the truck driver's negligence. Your license status should not impact your rights in that regard.

    As to the driver's license, there are many issues to discuss such as why it was suspended and what needs to be done to get it reinstated. These are things I can answer with a little more information.

    I suggest you call me. Stephen Hoffman 773-944-9737.

  2. Michael W. Clancy

    Contributor Level 10

    Answered . The short answer to your question is yes. Your license status and who is responsible for the accident are seperate questions. If the driver of the tractor-trailer is at fault, you should be able to recover. The advice not to give a recorded statement before speaking with a lawyer which you received from my colleague above is good advice. I urge you to contact a personal injury lawyer right away if you are interested in pursuing a claim for your injuries.

    Michael Clancy

  3. Lars A. Lundeen


    Contributor Level 20

    Answered . Unless your state has a statute which would prohibit it, you should be able to sue the adverse driver. Having or not having a license does not bear upon negligence or comparative negligence as a general rule.

    You should refuse to give any statement to the adverse insurance carrier and do not give them access to your medical records until you have an opportunity to retain your own personal injury counsel to represent you in this type of situation. Do Not Delay in Seeking Counsel.

    Legal Disclaimer:

    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 insure proper advice is received.

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