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Do my insurance have to pay for the other person's car damages? Can the other driver sue me If he was at fault?

Port Saint Lucie, FL |

Im 17 years old and was driving my mother's car with a learner's permit. Sadly, I got into a car collision yesterday evening around 5:45pm. I was driving straight down in the right hand lane while the other car was coming from the median lane. I didn't noticed the car until the driver made a left turn right in front of me. I slammed on the break evendough I knew there was no hope since I was driving about 35 mph. I parked my mom's car on the right side of the road then got out of the car. The man started yelling at me, told me I should've stop completely. A police report was filed stating I had the right of way and im not at fault. The other driver tried to lie by saying I was coming from another stop sign. The police didn't believe him. I got a ticket for driving with a permit. NOW WHAT

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Attorney answers 8

Best Answer
Posted

Q1: No, your insurance will not pay for the other driver's damages unless it determines you are at fault, and it does not appear you are at fault. Q2: No, the other driver cannot sue you unless you are at fault. Keep in mind your insurance company has the obligation to investigate and adjust this claim on your behalf; that is the purpose of insurance. Here are some other things to keep in mind: Your ticket had nothing to do with the accident. You may be in violation of the law for driving without an adult in your car. You should consider driving school as you may not have any defenses to the citation. Second, if you are injured, you have 14 days to seek medical treatment under the new PIP law which was effective 1/1/2013. So, go to a doctor that accepts auto insurance and get an evaluation. Third, if your car was new and it has a lot of damage caused by the other driver, you may have a claim for diminished value of your mother's car. You should consult with an attorney regarding all of these issues. Good luck!

Asker

Posted

Thank you so much for taking your time to answer my questions. Your answer has all the details and help I was looking for..I was confused because my mom being driving for so long and never got in any accident nor got any ticket. So that issue was new to me. (I guess I will go to court soon to find out the price of the ticket then consider driving school) Once again thank you. I appreciated it★★★★★

Asker

Posted

Here we are now 6 months later. I did not fight the ticket, I payed it in full amount. Now my issue is that the other driver filed a lawsuit against me. I received the letter today and have no clue what to do since I can't afford a lawyer.The good news is that I'm 18 now. (My insurance called and left multiple voice mails, the driver never returned any calls until weeks later (approx.6-8 weeks) and reported that he was injured. The next day I called his insurance, they had no reports of the accident because the other driver never reported. My insuranced cancelled the claim since i didnt want to sue or anything and the other driver wasn't being cooperative. NOW 6 MONTHS LATER I GOT SERVED A LAWSUIT FROM HIS ATTORNEY. THE GOOD NEWS IS THAT I'M NOT WORRIED BECAUSE I WASNT AT FAULT, BUT ON THE OTHER HAND, I'M NERVOUS AND STRESS5ED BECAUSE I CAN'T AFFORD A LAWYER.

Posted

Have your parents consult a local traffic Ticket Attorney - usually inexpensive & well worth the fee. Tell your parents that many attorneys offer free initial consultations n& they can locate a local attorney right here on AVVO by using the tab "Find A Lawyer" Report the accident to your mother's insurance company & let them handle the claim.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Asker

Posted

Yes I personally called the insurance company this morning, they took all the information needed and later called me back. They told me since I wasn't at fault and my mom's car only have scratches then they will go ahead and close the case, which they did. They told me I could go after the other driver's insurance for my mom's car scratches. The other driver's insurance trying to get back to my insurance, blaming me eventhough the police report stated I wasn't at fault, I had the right of way. (That confused me). About my ticket, I called in the county clerk of court today but they had no record of my ticket yet, since I got it yesterday. They told me to check back in 10 days. I was wondering if I go ahead and get my driver license, will my ticket drop?

Michael R Crosner

Michael R Crosner

Posted

Sorry, I can not assist you since I am not familiar with the procedure in FL since I am a California attorney. Good luck

Posted

Here goes:
For the ticket you received, go to Court and see what options the Court offers you to keep your driver's license. If there is an attorney in your area that is affordable, I would suggest taking him/her with you.
Notify your insurance carrier of the incident and that it wasn't your fault as supported by the police officer and police report. Then, go see an attorney that handles Personal Injury matters. Your personal injury lawyer may have a referral for a criminal defense attorney that can help you with your citation. Best of luck to you.

Asker

Posted

Yes I personally called the insurance company this morning, they took all the information needed and later called me back. They told me since I wasn't at fault and my mom's car only have scratches then they will go ahead and close the case, which they did. They told me I could go after the other driver's insurance for my mom's car scratches. The other driver's insurance trying to get back to my insurance, blaming me eventhough the police report stated I wasn't at fault, I had the right of way. (That confused me). About my ticket, I called in the county clerk of court today but they had no record of my ticket yet, since I got it yesterday. They told me to check back in 10 days. I was wondering if I go ahead and get my driver license, will my ticket drop?

Posted

I agree with both of my colleagues. You need help to fight your ticket and keep your driver's license. Your insurance will take care of the other driver. Best of luck.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

Asker

Posted

Thanks...I will see what my options are.

Posted

Spend a couple hundred bucks for a local traffic court lawyer

Posted

Lawyer up with a traffic court lawyer in your city

Posted

Hire a criminal defense lawyer to handle the citation you received. You will probably get a ton of flyers in the mail or go through the phone book or search on the Internet. If so relate ow Ed the car besides you you want to notify the owner of the crash because the owner of the car you were driving could have some liability exposure.

Legal Disclaimer: To learn more about attorney Keith Ligori, please call our firm 888-254-7119 or visit our homepage at www.LigoriCappyLaw.com. Keith Ligori is licensed to practice law in the State and Federal Courts of Florida. 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. Often times the question does not include significant and important facts and time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Ligori strongly advises the questioner to confer with an attorney in order to ensure proper advice is received. If you are interested with talking to Keith Ligori and asking him more detail questions about your crash or situation feel free to call him any time. We forward our office phones to Mr. Ligori's cell phone at nights and weekends so his clients or potential clients can contact him about your case. To learn more about Attorney Keith Ligori, please call our firm toll free at 888.254.7119 or visit www.keithligorilaw.com

Asker

Posted

Im not too worry about the other driver because no one was injured. Also there's no way my insurance will pay for the damage caused to his car because he was at faukt. I'm not asking his insurance to fix my car or anything like that. I guess I need to go to coyrt to fight the ticket. Im sure since I got my permit a year and 5 months ago and that was my first accident and ticket, the judge will lower the ticket or maybe even make me go to driving school to cancrl the ticket. Is that right?

Posted

If you were, in fact, driving the vehicle without a supervising adult, you probably have little defense to the ticket. You could request a hearing on the ticket and pray that the police officer does not show up to prosecute the citation. If he does not show, you can move to have the ticket dismissed for lack of prosecution. Good luck.

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.

Asker

Posted

It's been 7 days and my county clerk of courts have no record of my ticket. I called in this morning and the police officer haven't turned my ticket in still. All I want to know is the cost of the ticket so I can know whati should do. The cashier told me to wait in between 10 days.

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