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    frickenboy's Avatar
    frickenboy Posts: 1, Reputation: 1
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    #1

    Apr 9, 2006, 09:33 PM
    What Happens If Its My Fault In An Auto Accident
    Question 1: OK if I don't 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 don't own that no checking/savings no stock bonds retirementr plans my credit score is belowe 500 so loans are out I'm in telecheck so payday loans are out so how do I paY That's THE QUESTION WHAT HAPPENS IF I Don't PAY, IF I HAVE NO INCOME TO PAY
    fredg's Avatar
    fredg Posts: 4,926, Reputation: 674
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    #2

    Apr 10, 2006, 04:45 AM
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #3

    Apr 10, 2006, 06:11 AM
    First of course, you will most likely also have received 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 until 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 children's 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 their 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 their car.

    So you could see 4 separate law suits arise out of this.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Apr 10, 2006, 06:11 AM
    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.
    fredg's Avatar
    fredg Posts: 4,926, Reputation: 674
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    #5

    Apr 10, 2006, 06:26 AM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Apr 10, 2006, 06:35 AM
    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.

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