Ask Experts Questions for FREE Help!
  Advanced
Register  |  Log in  
   Ask    
 Answer  
  Help  

Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
Free Answers in 3 Easy Steps

Register Now
3 Steps

At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.

Home > Law > Other Law   »   What Happens If Its My Fault In An Auto Accident

 
Thread Tools Display Modes
Question
 
 
#1  
Old Apr 9, 2006, 08:33 PM
frickenboy
New Member
frickenboy is offline
 
Join Date: Apr 2006
Posts: 1
frickenboy See this member's comment history on his/her Profile page.
What Happens If Its My Fault In An Auto Accident

question 1: ok if i dont have auto insurance and i hit someone who is insured and its my fault and the two children in the back seat of her car are injured but not seriously are not the drivers children can i be sued by both parties by the driver and by the parents of the children

question 2: if i get sued how would i pay i have 3/4ths of my check going to the state for child support i live with relatives i own nothing my car is a lease so i dont own that no checking/savings no stock bonds retirementr plans my credit score is belowe 500 so loans are out im in telecheck so payday loans are out so how do i paY THATS THE QUESTION WHAT HAPPENS IF I DONT PAY, IF I HAVE NO INCOME TO PAY

Reply With Quote
 
     

Answers
 
 
Old Apr 10, 2006, 03:45 AM   #2  
Ultra Member
fredg is offline
 
Join Date: Jan 2003
Location: SouthWest Virginia
Posts: 4,634
fredg See this member's comment history on his/her Profile page.fredg See this member's comment history on his/her Profile page.fredg See this member's comment history on his/her Profile page.fredg See this member's comment history on his/her Profile page.fredg See this member's comment history on his/her Profile page.fredg See this member's comment history on his/her Profile page.
Hi,
Since your car is a leased car, call the company from which you leased it, and find out of there is any insurance already included in your monthly payments. Many lease payments already contain payment for liability.
I would definitely get a lawyer.
If you wish to read more about leased cars and insurance, here is a link:
http://www.iii.org/individuals/auto/a/lease/

Anyone can sue someone else for almost anything; whether they win or not is another question. Please get a lawyer.
  Reply With Quote
 
     
 
 
Old Apr 10, 2006, 05:11 AM   #3  
Christianity Expert
Fr_Chuck is offline
 
Fr_Chuck's Avatar
 
Join Date: Nov 2005
Location: Atlanta GA
Posts: 26,246
Fr_Chuck has disabled reputation
First of course, you will most likely also have recieved criminal traffic tickets. One for the action that caused the wreck and another for not having proof or not having insurance. If you can not prove you did not have insurance at that court case, most likely they will suspend your drivers licence so you will also not havea drivers licence any longer.

And normally will not get one back untill the damages to these people are paid.

** ok on the civil side, can each child and the driver sue you, yes all three can sue you if they wish to ( the childrens parents would oversee the law suit but the child is the injured party)

but from a what will really happen case, the other cars insurance ( if full coverage) will pay for thier car repair and the medical care of the injured people. Then that insurance company will sue you. They will get a judgement, a garnishment ( if they can not get any it will still be in place if ever possible)

***** I will make a note in many states garnishments can not exceed 50 percent of a persons pay, so I would talk with your divorce attorney about this, since in the states I know of, if garnihsments exceed 1/2 of your pay you can file for relief from the courts.

Next of course is your car. If it is leased as Fred said, they may have some level of coverage on it, but if not, they will also have a law suit against you too for the damge to thier car.

So you could see 4 seperate law suits arise out of this.
  Reply With Quote
 
     
 
 
Old Apr 10, 2006, 05:11 AM   #4  
Computer Expert
ScottGem is offline
 
ScottGem's Avatar
 
Join Date: Jan 2003
Location: LI, NY - USA
Posts: 23,864
ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.
Pay to call ScottGem for advice ($.75/min)
Call ScottGem via Skype™
Its definitely worth checking with the leasing company. Also, there was a law in NYS, until very recently, that said a leasing company was liable for damages since they actually owned the vehicle. This caused many leasing companies to not operate in NYS.

In the case of an uninsured driver, what usually happens is the other party's insurance company will cover the costs then sue the person who's fault it was. You CAN be sued by anyone who was hurt in the accident. Assuming there is no question you caused the accident and the injured parties sue you and win a judgement, it becomes their responsibility to collect that judgement. If you have no assets for them to attach, then there is little they can do to collect.

If you are sued, you NEED to get a lawyer.
  Reply With Quote
 
     
 
 
Old Apr 10, 2006, 05:26 AM   #5  
Ultra Member
fredg is offline
 
Join Date: Jan 2003
Location: SouthWest Virginia
Posts: 4,634
fredg See this member's comment history on his/her Profile page.fredg See this member's comment history on his/her Profile page.fredg See this member's comment history on his/her Profile page.fredg See this member's comment history on his/her Profile page.fredg See this member's comment history on his/her Profile page.fredg See this member's comment history on his/her Profile page.
Hi,
I would just like to add something.
If they win a civil suit against you, and you have no assets, they can place liens against anything you own, or will own in the future. This means that when it's sold, they get the money, or a percentage of it. You will owe them in some way or another; if they proceed with it. But, again, they may never collect anything, if you never have anything.
  Reply With Quote
 
     
 
 
Old Apr 10, 2006, 05:35 AM   #6  
Computer Expert
ScottGem is offline
 
ScottGem's Avatar
 
Join Date: Jan 2003
Location: LI, NY - USA
Posts: 23,864
ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.
Pay to call ScottGem for advice ($.75/min)
Call ScottGem via Skype™
Quote:
Originally Posted by fredg
Hi,
I would just like to add something.
If they win a civil suit against you, and you have no assets, they can place liens against anything you own, or will own in the future. This means that when it's sold, they get the money, or a percentage of it. You will owe them in some way or another; if they proceed with it. But, again, they may never collect anything, if you never have anything.
That's not quite accurate. There is a limit to what a lien can be placed against. Also, it would be the responsibility of the plaintiff to FIND those assets and then file the liens.
  Reply With Quote
 
     


Thread Tools
Display Modes

 
Similar Sponsors

Similar Threads
Question Asker Forum Answers Last Post
Auto Accident Help BlueGirl Other Law 3 Aug 29, 2006 10:00 AM
auto accident fiasco tigersheart Other Law 2 Feb 9, 2006 08:43 AM
Proof of Insurance for a no-fault auto accident miss_chula Other Law 6 Jan 18, 2006 09:58 AM
Auto Accident In Ny chris222 Other Law 4 Dec 8, 2005 08:46 AM
Not At Fault Car Accident, What's Next? cubb20032003 Other Law 2 Oct 5, 2005 04:21 AM




Copyright ©2003 - 2007, Ask Me Help Desk.
All times are GMT -8. The time now is 07:51 PM.