If you are in a car accidentwith a suspended licensebut it was the other driver’s fault, can you be sued?

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If you are in a car accidentwith a suspended licensebut it was the other driver’s fault, can you be sued?

My boyfriend was driving my car on a suspended license and got into a car accident. The other driver was at fault but being he was scared so he ran and stopped a few streets down. The other party was uninsured but the owner of her car was insured and because they were at fault by law and in the police report, they had to pay for my car’s damages. Now, supposedly, the other party wants to sue my boyfriend for having to pay for my damages even though they were responsible for the accident. Is that possible?

Asked on November 21, 2011 under Accident Law, Maryland

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The other driver was at fault and the registered owner of that vehicle was liable for the accident.  The other driver should have been charged with hit and run for leaving the scene of an accident which is a criminal matter. 

The liable party has no valid claim or grounds for filing a lawsuit against your boyfriend.  If he is sued, he should file a cross-complaint (countersuit) against the other party for abuse of process.  Abuse of process is abuse of the legal process for filing a frivolous lawsuit.  He should seek punitive damages (a substantial amount of compensation to punish the opposing party) for filing a frivolous lawsuit.  


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