Can my mother be sued if she hit an uninsured vehicle driven by an unlicensed driver in a state in which auto insurance is mandatory?

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Can my mother be sued if she hit an uninsured vehicle driven by an unlicensed driver in a state in which auto insurance is mandatory?

My mother is at-fault for causing an accident in which the driver of the other car was unlicensed and did not carry auto insurance. I am not sure who owns the car that my mother hit. Since the driver of the other car was breaking 2 laws in TN, do they have any legal right to file a lawsuit against my mother for damages, pain and suffering, etc? My mother is licensed and does carry full coverage insurance on her vehicle.

Asked on April 16, 2011 under Accident Law, Kentucky

Answers:

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

Answered 10 years ago | Contributor

Since your mother is at fault in the accident, she is liable for the property damage to the other vehicle and injuries to the driver and/or passengers.  The fact that the other driver was uninsured and unlicensed would not affect your mother's liability for causing the accident.  She should refer the matter to her insurance carrier.  If the case is not settled with the insurance carrier, the insurance carrier will provide her with an attorney at no cost to her in the event of a lawsuit filed against her. 


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