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Not at fault accident but had suspended license can we still file a claim with the other drivers insurance and medical expenses?

Shreveport, LA |

My husband was at a red light when he got rear ended. He has full coverage insurance and the other driver has insurance. The other driver said he look away for a minute but couldn't stop in time. The police informed my husband that his drivers license was suspended and gave him a citation. Does my husband have a claim against the other person's insurance for property damage and medical expenses? My husband have been having back pain and is going to see a doctor but we don't want to pay for this out of pocket if we dont have to.

Attorney Answers 4


Looking away for a minute and not paying attention to the duties required when operating a motor vehicle are the definition of negligence. Do not be confused by the "no-fault" schemes sold by insurance companies and purchased by legislators in many states including one of my own.

Most personal injury attorneys offer a free consultation and this is probably the best way to answer the numerous concerns raised in your post. I truly wish you the best on this.

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A suspended license can cause a problem for you (in that it is a criminal violation to drive), but that typically does not affect the wrongdoing of another driver and the pain and suffering you experience. Contact a local personal injury expert in your area for a free consultation for more advice on your potential claim. Good luck!

Steven A. Schwartz

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The information provided is based solely on the question and facts presented. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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I am only licensed in MO and KS so my answer is based upon our laws here. With that said, you and your husband ought to be able to make a claim for any losses and injuries that are caused by the defendant driver - even though your husband's license was suspended. I know there has been a push in many states to keep people from making claims if they are driving illegally, so you need to check with an attorney licensed in LA to verify this information. You may also want to contact a criminal and/or traffic attorney who can help your husband resolve the suspended license issue right away. Many times it can be suspended over something as simple as failing to pay a parking ticket. Good luck in resolving this matter!!

All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Our office only represents plaintiffs in personal injury matters such as wrongful death, liquor liability accidents, dram shop cases, traumatic brain injuries, spinal cord injuries and other catastrophic injuries.

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Your husband's suspended license does not preclude you from claiming damanges from the insured driver. However, if your husband did not have liability coverage, he will not be able to recover pain and suffering damages.

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