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    John Bold's Avatar
    John Bold Posts: 58, Reputation: 0
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    #1

    Jan 9, 2011, 08:57 PM
    Car accident, insuranced car with non-covered driver, other driver injured, suing...
    I got into a car accident in a intersection with stop sign on my side. I stopped at the stop sign, checked left and right and then tried to pass the avenue but unluckily got hit by another female driver.

    My car (my girlfriend's actually) turned 180 degrees the opposite side after the accident. I assume she was coming so fast. That happened 2 days ago and my girlfriend's car has totaled.I was OK after the accident but another driver,this is what she told me on the phone, she said she hit her arm to the wind shield and got surgery and she also said that she needs second surgery to get glasses out from her arm. Last thing she said was "i'm going to sue you".

    My girlfriend has an insurance but that doesn't cover me(it means my name was not under the drivers list). On the other side, the policy
    Number that she gave to the Police officer was a canceled insurance.when I called her and say that she doesn't have a valid insurance, she said that's not the right information and she gave me another company name with different policy number. But in police traffic collision report, her insurance policy number seems it was canceled.

    She says she is going to sue me but

    How can I know whether she arranged a new insurance from one of her close friend or relatives right after the accident or not ?
    How can I know she was in speed limit ?
    How can I know she was wearing seat belt ?

    If everything goes bad after the court process and they plead me guilty in the case, since I'm an international student here, and I don't have any income. How are they going to charge money from me?

    Everyone says I should have gone to the hospital just to imitate that it was bad. So it makes everything easier for me to deal with the situation. Is that true?

    I was honest and I said I'm fine. I stopped at the stop sign. But this started to seem pretty scary finance wise.

    What am I supposed to do?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #2

    Jan 9, 2011, 09:15 PM

    Who is at fault is what matters, her wearing or not wearing a seat belt means nothing,

    To find her spend, you hire a accident investigator, who will review the scene, review the damage to both cars, and try to determine an estimated speed. But if you pulled out in front of them and they had the right of way, them speeding will not take away your act of pulling out.

    Most policies cover anyone not specificly listed as not covered, Are you sure her policy only covers the listed drivers, most policies, have a list of drivers who are put down to determine the cost, but anyone that is using the car is covered,

    And if you are not hurt you don't go to the hospital.

    Did you get a ticket from the police?

    But you need to have the claim turned into your friends insurance, it is not your place to decide they won't pay, they may and if they don't then it will be an official letter saying they will not pay.

    But if you had no insurance, and are found at fault, yes, you will have to pay all of the damages to the other car and if your friend sues you, the damage to their car also.

    Also you can lose your drivers license until it is all paid
    ebaines's Avatar
    ebaines Posts: 12,132, Reputation: 1307
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    #3

    Jan 12, 2011, 11:46 AM

    John - Sorry, but this accident sounds like it's 100% your fault. You wrote "I stopped at the stop sign, checked left and right and then tried to pass the avenue but unluckily got hit by another female driver" as if it's just a matter of luck. But your GF's insurance should cover you - auto insurance policies typically allow the policy owner to occasionally loan the car to others and the insurance is still in force. However - if you live in the same household or are a frequent user of the car then you must to be named on the policy. So check that again. Your GF definitely needs to talk to her insurance company to let them know about the accident, and to provide you with any legal protection you may need. However - if it does turn out that you are not covered by her insurance, then the next question is: do you have your own insurance? If you don't, and if you are sued, then you will need an attorney. Being an international student is not an issue here - this will be a civil matter, not a criminal one.

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