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pwillett06 · Jan 31, 2006, 04:32 PM

I was involved in an auto accident. I had a passenger in my car. My passenger was injured and still requires surgery. He does not have the money for the surgery nor do I. Neither I or the other driver were issued any tickets saying the accident was either of our faults. I know that the other driver was at fault and my passenger has said it was the other drivers fault. He is not looking to sue me for any damages, but I would like to know if he can sue the other driver. From the police report it is apparent that she ran a red light at a high rate of speed. She hit me broadside on the passenger side of the car with her entire front end and totaled both our vehicles. From the beginning neither I nor my passenger can figure out why the other driver was not cited per her statements in the report. She stated that I had yellow light and did not see me until the last second. I know I had a green light that changed yellow as I went across the intersection. I have the right to proceed through the intersection even if the light changes to yellow as I am in the intersection. This tells me that either way, if I had yellow or green, she had a red light. I was pushed a full block from the impact which tells me she was moving right along. I don’t understand why she was not cited. We need to know what are options are.

CaptainForest · Jan 31, 2006, 04:41 PM

I agree. Her not being cited is confussing.

Where do you live? Here in Ontario, we have no fault insurance. Basically everyone must have insurance and the insurance company would pay for your friend's surgery and recovery and then the insurance companies battle it out.

pwillett06 · Jan 31, 2006, 04:48 PM

I did not have insurance on my car... yes, I am a lapster... learned my lesson... my passenger does not want to sue me because we know it was not my fault... Is he able to sue her for his damages?

Fr_Chuck · Jan 31, 2006, 06:46 PM

I don't understand why there is even a doubt, you need to turn this over to your auto insurance if his insurance has not already contacted you. They pay you for the car repair and then they sue him for the damage.

Next you sue them for your damages, next your friend also sues them for the damages.

The ticket while it helps make the case is not the case, criminal charges (Iie the traffic ticket) is one case, your civil case is another, the wording of the police report, any statements from witnesses will all be used.

So first I would also merely call his insurance company and make a claim, but most likely they will not pay till you start to sue, then they will most liekly just settle or of course drag it out for years in court.

pwillett06 · Jan 31, 2006, 07:21 PM

Fr Chuck,

I was not insured at the time of the accident. My passenger does not want to sue me because he knows the accident was not my fault. Neither I or the person who hit me was cited for the accident. Can he sue the driver that hit me? Everyone I talk to about this says that I should take the driver who hit me to court and prove that she was at fault. Her insurance company wants me to pay for all damages. I don't think I should have to pay for anything when the accident was her fault. Do I wait until they file suit against me?

sideoutshu · Jan 31, 2006, 09:39 PM

What state are you in?

You being uninsured is not as big of a deal as you may think, as far as your friend's ability to recover goes. This depends on what state you are in of course. For example, in New York, if you have joint tort-feasors (two people that share some responsibility for an accident) you can recover the full value of your injuries against either party(a concept we call "joint and several liability")

What this would mean for your friend is the following:

Suppose he obtained a verdict against both you, and the other driver for $100K. The jury found that you were 30% at fault, and the other driver was 70% at fault. In theory, that would mean that you pay him 30K, and the other driver pays 70K. The law in New York says that if either party is "judgment proof" (meaning you can't collect from them) you can recover the full 100K from either party.

I had the same situation in a case recently. We took a verdict for $525,000. There were two defendants one of whom was found 60% liable, and the other who was found 5% liable (with our client 35% liable for his own injuries). After the verdict was reduced by the 35% of our client's negligence, we recovered $25,000 from the driver who was 60% liable (cause that is all he had) and about $300,000 from the driver who was ONLY 5% liable. Kind of a kick in the you know what for that drvier, but a good result for our client.

You absolutely need to consult with an attorney before doing anything else. Send me a private message, and I will see what help I can give you.

Fr_Chuck · Feb 1, 2006, 04:33 PM

Yes sorry did not read your addition before I posted,

But yes everyone you and her need to sue the other driver, it will be handled by their insurance. You may actually be able just to call the other parties insurance company and file a claim without sueing, If you are not asking for outragish claims, it is often cheaper for them just to pay than for a law suit,

So before I called an attorney I would just call the other drivers insurance compnay and ask to file a claim for damages ( both of you)