If my son was at fault for an accident but the other party was illegally on the road, do I have any legal recourse as my insurance does not cover at fault?

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If my son was at fault for an accident but the other party was illegally on the road, do I have any legal recourse as my insurance does not cover at fault?

His license and registration was revoked.

Asked on May 28, 2015 under Accident Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you son was at fault, then you most likely do not have any recourse: even if the other driver was illegally on the road, liability, or the financial responsibility to pay for the injuries, costs, and damages in an accident, is based on fault, not the legality of driving or being on the road. Therefore, if you son was at fault, it is highly unlikely that you could successfully sue the other party.


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