I Was In An Accident About A Year Ago.I Missed A Stop Sign And hit a Car.

Asked about 1 year ago - 13502

The Other Driver Was Driving A rental.He Was Not Designated To Drive the rental.His License Was Also Revoked/Suspended. I Was Issued A Ticket For Failure To Stop At A Stop Sign, Went To Court And Paid The Fine.My Insurance Took Care Of The Other Parties In The Car, But Six Months After The Accident,A Lawyer's Office tried to Sue For A Large Amount of $$,but Was Dropped According To My Insurance, But Now I Have Received Paperwork From A Different Lawyer Saying I Am Being Sued On Behalf Of The Whole Family For Being Incapacitated Permanently.The Lawyer's Office Is In Syracuse,But It Was Notarized In Alaska.According To The Paperwork,The Family Members Are Residents Of Alaska.I was advised at the time to sue them for funds to replace my car as he shouldn't have been on rd in the first place.

Attorney answers (7)

  1. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . Send whatever you received to your insurance carrier. The other driver's license status is not relevant to who caused the accident. If you ran a stop sign you are likely 100% responsible or close to it.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your insurance company will resolve it. That's why we have insurance.

  3. Brian Thomas Dailey

    Contributor Level 11

    3

    Lawyers agree

    Answered . You need to turn everything into your insurance company. You may also benefit from hiring a private lawyer to assist you in working with the Insurance Company since they are only responsible to pay the limits of your liability coverage under their policy. Once they have done that then their obligation to you is complete and you may end up paying from your own pocket or filing for bankruptcy.

  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Turn this entire matter over to your automobile liability insurance carrier and ask them to handle this for you. The fact the other person was not licensed etc. has no bearing on your liability. Cooperate with your insurance company.

    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.
  5. Mitchell Jan Birzon

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . The only issue you should be concerned about is that you arranged to have whatever documents you received from any lawyer delivered to your insurance carrier and the insurance carrier for the owner of the vehicle you were driving if it was not your own. You have an obligation to cooperate fully with your insurance carrier. You have no obligation to cooperate with any other carrier or person who might contact you.

  6. Charles Crane DeStefano

    Contributor Level 6

    1

    Lawyer agrees

    Answered . I am sorry t deliver bad news to you, but in most Appellate Divisions in this state (i.e., the appeals courts that essentially provide guiding / compelling case law in our state), you would be found 100% liable for the accident. Some Appellate Divisions might allow such a case to proceed to a jury if there was some rational defense, but on the issue of fault, thinsg are no looking so good for you.

    The plaintiffs, however, must prove that they sustained a legally defined "serious injury" in order to be compensated. Such injuries include "fractures," "loss of organ," "death," loss of fetus," serious and obvious scar," and/or a medically proven disability or impairment of bodily function (supported by objective testing such as MRI, CT Scan, etc) for a period of 90 out of 120 days following the accident. If they cannot prove such injuries, they are out of luck.

    Also, you may have the right to move the case to Federal District Court in yoru area if all plaintiffs are from Alaska (and you are from New York) AND the amount in dispute exceeds $75,000. The federal magistrates and judges, in general, take the definition of "serious injury" to the letter of the law. if the plaintiffs do not meet such burden, they will be chucked out!

    This advice is not intended to create an attorney / client relationship, rather it is mere general advice. An... more
  7. Robert Lewis Fellows

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . It appears you are primarily if not entirely responsible for the accident. The fact the the other driver has no license will not be a determining factor. What matters is how each drive-licensed or unlicensed operated their vehicles. Make sure you forward the legal papers to your own auto insurance company. If you have no collision coverage ask the attorneys defending the case on your behalf to assert or assert you in asserting a counterclaim for car damage but it will be difficult to recover as you "blew" as stop sign. Dropping you by your insurance company is an underwriting decision that you have to accept. Your attorneys will defend the case and attempt to minimize the damages and perhaps claim the the other driver bears some small portion of fault for the crash e.g. excessive speed, you entering into the intersection first. Good luck.

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