Is there any way my friend cant get sued and case droped?

Asked over 4 years ago - Miami, FL

okay my bestfriend is 17 got in a car accident and is getting sued for $1500 for crashing into a car but thye thing is the light was on green already so although she did crash into the car is there any way that the person she crashed be at fault too for not driving when suppose to on a green light because if you really think of it if the car had droven when suppose too none of this wouold have happened

Attorney answers (4)

  1. Evan Michael Ostfeld

    Contributor Level 11

    Answered . 1st off, your friend should notify his/her insurance company immediately! Then the insurance company will eithe pay the claim or defend your friend for free. If your friend did not have insurance at the time of the accident (and) someone was also injured, there license will be suspended. Unfortunately, even winning the traffic ticket case however does not prevent an individual from being sued.

  2. David Aaron Paul

    Pro

    Contributor Level 7

    Answered . Your friend should notify their insurance carrier. But, the law in florida holds that each person who shares in responsibility for a crash share a percentage of fault. In other words, a jury could find your friend 50 percent at fault and the other driver 50 percent (or some other percentage). There is a presumption that a driver who rear ends another vehicle is at fault thought, but that presumption may be overcome for a number of reasons. Either way, they should notify their insurance company.

  3. Dennis Michael Phillips

    Contributor Level 17

    Answered . If your friend has insurance, then she needs to involve the insurer right away. If not, then she'll have to fight in court, probably. Florida is a comparative fault state, which means that each party in a collision is responsible for his/her own percentage of fault. If she was not 100% at fault, then she should fight.

  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Your friend should turn this claim over to her automobile liability insurance company and let them handle the matter for her. That is why she pays an insurance premium and her insurance company has an obligation to investigate the matter, defend her and indemnify her against any claim.

    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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