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mother right to sue
Lawrence, MA
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Posted about 1 year ago in Car / Auto Accident
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My mother was involved in a car accident two weeks ago. she was cited fail to right of was. the other vehicle rolled over but the passenger was thrown from the vehicle because the SUV rolled over a few times. he was not wearing his seat belt which is the law in mass. nor was the driver who did not own the vehicle nor did he have a valid licence to drive. they are both from Mexico. the passenger is now going after my mothers insurance for hospital expenses what happens if they exceed what she has on her policy and should she sue them because of the licence issues.
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Answers (1)
Marc Lawrence Breakstone
This attorney is licensed in Massachusetts.
Posted about 1 year ago.
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As a practical matter, if the passenger in the other vehicle was injured, and her damages exceed your mother's liability insurance limits, your mother's insurance company will probably offer the full policy limits on your mother's policy and the case will probably settle. The fact that the occupants of the other vehicle are from Mexico and the fact that they were not wearing seat belts is not relevant. Finally, your mother cannot sue because the driver did not have a license. The only reason she could sue the other driver is if the driver was negligent in the operation of the vehicle and if your mother was injured in the crash.
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