If I rear-ended an uninsured motorist but don’t know if my insurer paid them anything and they are suing me, do they have a chance at winning?

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If I rear-ended an uninsured motorist but don’t know if my insurer paid them anything and they are suing me, do they have a chance at winning?

Can they win if they were driving illegally? I was just served a summons and can’t contact insurance company until Monday.

Asked on January 17, 2015 under Accident Law, Florida

Answers:

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

Answered 6 years ago | Contributor

The uninsured motorist will win because it was a rear-end collision in which you were at fault.  The uninsured motorist driving illegally does not relieve you of liability.

Forward the summons and complaint (the complaint is the lawsuit) and any other documents you receive in the matter to your insurance company.  Your auto insurance company will provide you with an attorney at no cost to you.  The attorney will handle the case for you.

The lawsuit was filed because the case was not settled with your insurance company.


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