rully1012

iTrader: (1)

so Saturday i was backing my sisters car out to wash my car and as i was pulling out of my drive way a car basically came out of no where might of even ran a stop sign and i ran into her front bumper and tire... she came out right away saying she didn't want to go through insurance but since her story didn't add up and couldn't provide a drivers license and only liability insurance that might have been expired. I told her that i could only go through insurance and called the police right away because she did not have a drivers license she decided to exchange whatever info she could and left the scene because the police were coming..... when the police arrived they ran her id card number and saw that her car had just been released from the impound because she had been caught with a suspended license and was still driving with a suspended license...

now the question is... do you think she has a ligitamit claim against me?

or will she just end up screwing her self worse by making a claim against me?? the police said that they would have impounded her car and arrested her if she wouldn't have left the seen but unfortunate couldn't go arrest her at her house after by law


the damage to my sisters altima was minor but her scion xb with lambo doors, carbon fiber ,roll cage, boot leg fiberglass body kit that was already completly messed up and no horn by the way ... had front bumper damage and her tire got so pushed in she could barely drive it away or turn

and i am completely covered on my sisters car by our insurance

rully1012

iTrader: (1)

any help greatly appreciated

teranfon

Offhand, I would say no. If she had a suspended license she shouldn't have been there in the first place.

Hopefully someone with proper legal experience will answer your question correctly however.




Terry

sifuacura

iTrader: (1)

it would seem proper that if she was under probation from driving, she shouldn't been on the road in the first place..

rully1012

iTrader: (1)

that's what im hoping for...so my insurance rates stay down and makes sense that she shoulndt be on the road but we all know how dumb the car accident laws can get

NSXNEXT

iTrader: (2)

Unfortunately you legally have to report the accident to your insurance company.

The issue lies with the person you hit. If you don't let your insurance company know within a specified amount of time (normally 48 hours) and the driver of the other car decides to sue you, you will not be represented by your insurance company and any damages awarded in a suit will come out of your pocket.

My recommendation is to contact your insurance company, tell them exactly what happened, and let the chips fall as they may.

gatrhumpy

iTrader: (1)

NSXNEXT speaks the truth.

rully1012

iTrader: (1)

Yes I did report it to my insurance right away....but I guess I'm just over thinking it all cuz as you said let the chips land as they may nothing I could do now....I should be gettin g a call from my adjuster soon....so I'm guessging he will know better

RaviNJCLs

iTrader: (4)

My take is that there are 2 outcomes here.

There is a chance you will have to pay for the repairs if they determine you are at fault. I don't think it will matter that she should not have been there in the first place. She is pretty much screwed.

On the other hand, if the car and insurance is in her name and her insurance company drops her for driving with a suspended license, then you may be in the clear. And she is still going to be screwed.

Allen-

Sounds like the xB needed to be taken out of its misery anyways. Good job.

wackjum

Her suspended license is secondary to your liability in the accident. Just because she did not have a license does not take away your requirement to yield to people with the right of way. To put it another way, if you are approaching a yield sign and there is a vehicle in the cross traffic, do you ever consider whether the other driver has a valid driver's license before you stop? Obviously not, because the requirement is to stop and proceed through the yield only when it is clear. So fault in the accident and her license status are two completely separate issues.

Based on what you said, it would sound like you could be found at fault, at which point your insurance would have to pay out. But insurance companies hold on to their purse strings tightly, so ultimately, she may not collect much unless gets her insurance company or an attorney gets involved.

pokin

+1 absolutely!
People get in trouble by playing games and twisting facts. Tell it like it is... you sister's insurance co. may just get lucky if the other driver gets too overwhelmed with the rest of her woes to even file a claim.

BTW, her claim for damages and her legal troubles are separate cases.

mcflyguy24

Wackjum said it best. Whose at fault for the accident is a separate issue from her not having her license. I also think it's lame that the cops said they couldn't go and do something about it. They had obvious proof that she committed a crime by driving on a suspended license and potentially leaving the scene of an accident. I guess they are too lazy to go after something small like that around there? Also it's a good thing that you called the cops, your actually supposed to in even minor accidents so that your insurance can have "proof" of what happened. Not saying the cops are always right, but it is helpful.

rully1012

iTrader: (1)

Allen i agree with you about taking the scion out of its misery but with all the headaches around the accident i much rather it had not happened lol

and thanks guys this is helping out a lot i spoke to the adjuster and she said that basically there are 2 ways out of it

one: i can prove my way out of fault... which i am hopeful but not confident will happen although she said the horn not working gives me about 20 percent less fault but i need 51percnt to be in the clear... another thing in my favor is the fact that she may have ran a stop sign... they are going to evaluate how long it would have taken her to get from the stop sign to the point of impact and if it matches up with the amount of damage then im screwed but i doubt it will match up because the damage to my sisters altima is less then a claybars worth of time but her scion had a bent arm and shock not to mention damaged front bumper.. since her car is all fucked up anyways they are also gonna determine how much damage i actually caused and how much she caused by driving away

2nd: she can realize that i can go to the DMV file a report that will notify them that she was involved in an accident while driving unlicensed then shes really screwed because this will be the 2nd time she got caught in less then one month and she could face jail time and steep fines even her little go go scion to be impounded then sold after 30 days

sooooo im hoping she decides to drop it but she was being a real bitch about it all.. like i pulled her into my drive way tried to fix her fucken tire then calls me a jerk.. so i kicked her as out of my drive way and now she says i vandalized her car with my jack which the adjuster said she has no prove because of the condition of her body kit.. but point being shes out to get me so i have to throw on my thinking cap to not let her and get out of this mess

any help greatly appreciated guys

rully1012

iTrader: (1)

oh and i also think her insurance might be outdated because of her licenses suspension so the adjuster said if thats the case then im in an even better spot because she will then have to get a lawyer which will mean more money for her the lawyer will cost her more then the fixing of the car

rully1012

iTrader: (1)

and mc fly guy i know man im with you i would have loved to see the go go scion up in a tow truck ad her sitting down in the back of thee cop car but i guess cops will be cops they were helpful at least with providing me with her info about her license

princelybug

iTrader: (16)

Well, I hope it works out for your best, OP.

AnnetteSilhouette

my story kinda relates to yours, but i just recently bought a 2003 acura rsx which i freakin' love!!! not even a month after i got it some dumb a*s bumped me from behind, while me being inside it.

The truck didn't even stop to see if i was doing okay they took off left me with a broken bumper and all...

so i already bought the rear bumper which from the dealership was $400 and the paint job $100...

now i still have to buy the beam [ because its broken ]
the absorber [ because it doesn't have one ]
the RIGHT and LEFT beams
and the spacers...


should i get all that from the dealership althought it will be a lot more expensive than the after market ones...? but will they fit the same as the one's bought from acura?


help me please! i'm a girl and i want my car to have the best and look the best!

pokin

'Whiskey Tango Hotel' Why dig yourself a hole? Just direct her to your sister's insurance company and let them take take care of this.