What to do about a lawsuit regarding an unlicensed driver?

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What to do about a lawsuit regarding an unlicensed driver?

About 2 years ago my ex dropped me off at work. I asked her to park my car and meet me inside because I was running late. I knew she didn’t have a license. Someone bumped into her and she rolled and bumped into someone else. The person that bumped my ex took off and no one got the license plates. The lady was ready to let it all go when she saw a cop and said her neck hurt. Afterwords my ex took off but they got the license plates. Some legal people contacted me a few weeks later and pictures of the cars where taken. Now, after I’d forgotten about it she’s suing me. Who’s responsible? I’m engaged do I have to stay in NY?

Asked on September 11, 2011 under Accident Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the lady whose car was hit is suing you, she is also most likely suing your insurance company. There is some good and bad with this. If you didn't know your ex did not have a license, then there is a possibility you might avoid liability and there may be a possibility that the insurance company will cover it if your insurance covered you or the car or both. As to the issue of the lawsuits, the woman may be time barred but only your insurance company or your own attorney would be able to research that, get the police report and accident report from the insurance companies (hers and yours) and assess whether the lawsuit is bogus and or whether the woman simply waited too long to sue.


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