Uninsured

My boyfriend was in a car accident. A dump truck hit him which caused him to run into a driver who was at a complete stop on the highway because the driver could not get over to the other lane. Unfortunately the dump truck driver drove off. My boyfriend is uninsured. Will he likely be sued by the driver he hit? Luckily, no-one was injured. My boyfriend’s car had worse damage and had to be towed. The driver he hit did not have as bad of damage and was able drive away from the scene. Plus, the driver my boyfriend hit was visiting from out of state and was driving his son’s car.

Asked on October 14, 2017 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There's no way to predict if your boyfriend will be sued: that depends on the other driver and whether he believes that the cost of his damage is worth the trouble and effort of suing.
If your boyfriend is sued, he would only have to pay if he was at fault. The other driver, as the one suing ("plaintiff") would have to prove by a "preponderance of the evidence" (that it is more likely than not) that your boyfriend was at fault; your boyfriend in turn could present evidence (such as photos of where the truck hit him) and his testimony to show that he was struck first and forced into the accident by the impact--that is, that he was not at fault. Only if a court felt that he was at fault (driving negligently or carelessly) would he have to pay compensation to the other driver.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.