If a relative ran a red light by accident and kept driving but later found out that by running the light caused someone else to hit a guardrail, what can happen?

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If a relative ran a red light by accident and kept driving but later found out that by running the light caused someone else to hit a guardrail, what can happen?

If this relative was caught on camera or his license plate gotten from someone, what would happen? A ticket of course but what for the person in the accident? Then it would go through the insurance or could he be sued? What are some scenarios?

Asked on December 22, 2014 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the person who hit the guardrail suffered personal injury or incurred property damage, he could sue your relative for his costs, injuries, or losses, on the grounds that your relative's negligent (careless) driving caused the accident. That person could put in a claim to his own insurer, if he has the applicable insurance, but the insurer would then have the right ("subrogation") to sue your relative to recover any amounts it pays out to the injured person. And if the insurance doesn't cover all his/her losses, that person could sue your relative for the uncovered balance, too.


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