my fiance got tboned about 6 months ago and he was put in the ER. He failed to yield properly, therefore it was his fault. He was on a moped and her car was damaged as well. he is being sued for not having a license What do you do if you dont have the money they are sueing for?
If your fiance has insurance, immediately tender the suit to the insurance carrier (i.e.,notify the carrier that he has been sued.) The insurance company will appoint a lawyer to defend him and will pay any judgment or settlement up to the policy limits. If your finace does not have insurance, his options are not as attractive. He can pay for a defense lawyer (fee usually charged by the hour), he can defend himself in pro per, or allow the claimant to take a default judgment againt him. I do not recommend the last option and you should try to avoid the second option as well. If you find yourself in the predicament without insurance, you might disuss your situation with the opposing attorney - let him know you have no insurance and you have no assets, and see if you can reach a settlement for a sum you can live with.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
Without seeing the wreck report or having any real information about how this collision happened, sometimes in NC you can argue Last Clear Chance. If the other driver had the last clear chance to avoid the collision, he or she may be partially at fault. We are a contributory negligence state that can bar recovery. This argument is very complicated, and I hesitated to bring it up. However, it could apply to this collision. The reason that I did write this was because bodily injury situations are more much severe than mere property damage. I normally don't see property damage lawsuits like this when the at fault driver has real bodily injuries. It just makes the possibility of a counterclaim more likely.