QUESTION
The driver of the car that was his was driving on a suspended license and uninsured, does at fault drive pay damage?
Asked on Apr 26th, 2013 on Personal Injury - California
More details to this question:
At the time of the accident, I had a suspended license for failure to pay traffic ticket. Payment was sent to late, license was suspended. I had no clue. Later stopped on a warning and informed of suspended license, went and paid the ticket cost but not reinstatement fee. License still suspended, on day of accident the at fault insured driver took a left turn from the right lane while I was driving in the left lane (2 lanes one direction road, A1A Cocoa Beach), I had no way of avoiding and crashed into her driver side tail back end of vehicle. My care is totaled, I filed claim with geico and I find out from the tow yard that claim is not being paid and now the tow yard claims to have assumed ownership as of 8am today. I can't get the adjuster to call me or answer her phone. She is completely avoiding me at this time and I must turn title over to junk yard or they will issue a lien against me. Desperate for advice.
6 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like you have a good claim. Not clear whether you were hurt also. You really need the help of a lawyer in dealing with an insurance company who has an adjuster with an attitude
Answered on Apr 29th, 2013 at 12:25 PM
Ronald A. Steinberg
Each state has its own laws. In Michigan, you would be SOL.
Answered on Apr 29th, 2013 at 3:50 AM
James Eugene Hasser
In Alabama, it doesn't matter if your license was suspended. The driver at fault pays. Fla. is a no fault state and may be different. Talk to a Florida lawyer familiar with accident law. Good luck.
Answered on Apr 29th, 2013 at 1:26 AM
The lack of a license does not change who is responsible for the accident; it means you can get a ticket for driving but you are entitled to collect your full damages if you had insurance at the time of the accident. Call and e-mail the adjuster and tell her what happened to your car and ask why she will not respond; if she does not answer call her supervisor. point out that the loss of use damages are increasing the longer she delays. You are entitled to the fair market value of your vehicle and loss of use for a reasonable time before you can buy a replacement vehicle.
Answered on Apr 29th, 2013 at 12:48 AM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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Although you have indicated Indiana as the State, it appears from your facts that the accident occurred in Florida.
Answered on Apr 29th, 2013 at 12:14 AM
Edwin K. Niles
A1A Cocoa Beach? Sounds like Fla. But your heading says Ca. In Ca, if you are uninsured you cannot collect general damages (pain and suffering); only out-of pocket expenses.
Answered on Apr 28th, 2013 at 10:34 PM