What to do if my wife had a wreck that was her fault but the other driver was unlicensed, uninsured and fled the scene?

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What to do if my wife had a wreck that was her fault but the other driver was unlicensed, uninsured and fled the scene?

Today, we received a letter from the insurance company she had then saying the man she hit will probably sue her for the loss. The issue is, he tried to flee the scene because he did not have insurance, a license, and the car wasn’t in his name. I’m confused how he could be suing us when our insurance should have taken care of it. Should we be worried about this?

Asked on April 13, 2015 under Accident Law, Kentucky

Answers:

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

Answered 6 years ago | Contributor

Since your wife was at fault in the accident, the other driver could sue for negligence to recover compensation for his injury.  The fact that he was unlicensed and driving without insurance will not prevent him from seeking compensation for injury.  The registered owner of the vehicle he was driving could sue for negligece for property damage (cost of repairs to the vehicle).

You should not worry about this because these cases are usually resolved with the insurance company (your wife's insurance company) without filng a lawsuit.  If the case is not settled with your wife's insurance company, the registered owner of the other vehicle and the driver could sue your wife for negligence; however, your wife's insurance company will provide her with an attorney at no cost to her, and the insurance company's attorney will handle the case for her.

If a lawsuit is filed, it won't be for several months or possibly a year or longer; so don't worry about it.


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