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danab82 · Apr 30, 2009, 11:48 AM

On Dec, 20th my younger sister was hit by a woman who ran a red light and her car was totaled. Unfortunately times are tough and she didn't have insurance at the time. The accident was obviously the other drivers fault because my sisters car was knocked completley in the other direction. My sister was young and didn't know to get a witness to stick around as well as to make matters worse the woman lied and said it was my sister who ran the light, even though the positions of the vehicles afterwards obviously pointed to the other woman being at fault, no tickets were issued and the police report said no one was at fault and I just get a letter in the mail today from the woman's lawyer trying to sue us for 300,000 dollars in damages and injuries. This is ridiculous. It doesn't make you a bad person because you can't afford insurance but it does make you a bad person when you are twice the age and size of the victim and are trying to take advantage and collect free money. What should I do?

Fr_Chuck · Apr 30, 2009, 12:49 PM

Actually driving without insurance is illegal in most US states so it does sort of make you a bad person, since if and when you have a accident if it is your fault you can't pay for the damages. I would think very poorly of someone that would perhaps hit my car and injure my son that had no insurance to cover my costs.

So what you do now is hire an attorney and fight this in court. You may have to hire a accident investigator to look at the damaged vechiles and write a report of it.

ScottGem · Apr 30, 2009, 01:55 PM

You left out a key fact, Who owned the vehicle? If your sister owned the vehicle, then the other driver can only sue her. If the vehicle was owned by someone else, then that person and your sister would be named in the suit.

Your sister was old enough to take a driver's test to get her license. Most states require a driver to take a written test before getting a license. Part of that test. Part of the manual tells what to do in case of an accident.

Are you a professional investigator? While the physical evidence may have pointed to fault to you, it may not to a prrofessional. Obviously it wasn't that obvious to the police.

As Chuck says, an attorney needs to be hired to help defend against this suit.