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hugmeluv · Jul 29, 2009, 04:42 PM

My son was at a light the car hit my son from the back my son left the accident because he had no insurance and no license and now I am being sued by the other peoples insurance company for $10.560.00 how can I fight this

ScottGem · Jul 29, 2009, 04:47 PM

Do you have any proof of the nature of the accident?

Leaving the scene of an accident is not going to help.

hugmeluv · Jul 29, 2009, 05:02 PM

Originally Posted by ScottGem

Do you have any proof of the nature of the accident?

Leaving the scene of an accident is not going to help.

Yes the police came to the house and took the report

ScottGem · Jul 29, 2009, 05:12 PM

And they didn't arrest him? Or, at least, issue him a summons for leaving the scene?

That report is not proof. The police did not witness the accident. Most likely the other driver got his license number as he drove away and then reported it to the police. So the police tracked him down. They also took a report from the other driver who didn't leave the scene.

So if it comes to court, who do you think the judge is going to believe? The driver who stayed at the scene and called the police or your son who ran from the scene?

nikosmom · Jul 29, 2009, 05:13 PM

Originally Posted by hugmeluv

my son was at a light the car hit my son from the back my son left the accident because he had no insurance and no license and now i am being sued by the other peoples insurance company for $10.560.00 how can i fight this

You say your son had no insurance- are you the owner of the car or is he?

Were there any witnesses? Do you know if there are cameras set up at that intersection? Your son leaving the scene of the accident doesn't help his credibility.

What are the exact details of the accident?

Fr_Chuck · Jul 29, 2009, 06:09 PM

Well the problem is the other persons insurance only has the other persons word. And/or the police report, but his statements since he left the scene will have a lot less value than a better witness.

You will have to hire an attorney and basically defend yourself in court.

JudyKayTee · Jul 31, 2009, 07:57 AM

The fact that your son was hit in the back and fled puts him in a bad light - a very bad light.

It casts a doubt on his version of the accident.

I'd say if you don't want a Judgment against you, hire an Attorney.

hugmeluv · Jul 31, 2009, 10:56 PM

Originally Posted by nikosmom

You say your son had no insurance- are you the owner of the car or is he??

Were there any witnesses? Do you know if there are cameras set up at that intersection? Your son leaving the scene of the accident doesn't help his credibility.

What are the exact details of the accident?

At 12pm on a Saturday my son was at a light and he was hit from the back the other guy states he jumped in front of him causing him to hit him yes there where witnesses but not sure of cameras have to find out it was around the corner from my house before I could tell him to go back the cops had came to us I am the owner of the car

hugmeluv · Jul 31, 2009, 10:57 PM

Originally Posted by ScottGem

Do you have any proof of the nature of the accident?

Leaving the scene of an accident is not going to help.

No I do not

ScottGem · Aug 1, 2009, 02:07 AM

If there were witnesses what did they say? Do they corroborate your son or the other driver?

Bottomline is, unless you can prove that the other driver is lying, you are highly likely to lose this suit. If you are the car owner, does your insurance cover your son? If so, put in a claim and have your carrier work out a settlement.

nikosmom · Aug 1, 2009, 05:05 PM

Being the owner of the car, you are responsible for the damage your son caused. Is your son listed as a driver on your policy? If not, your insurance carrier may deny your claim - call and see. Or they may insist that you add him and then assess the surcharge for the accident at your renewal.

The reason I'm asking details because it does matter if he cut in front of someone at the last minute. It does matter if he was completely stopped or not when he was rear ended. Had he stayed on the scene, you'd have a greater chance of fighting this but with no witnesses to attest to his version of what happened then it's hard to say.

The accident investigators can look at the areas of each car that are damaged and make a determination of what happened. Have you talked with your insurance company at all? File a claim with them and see if they will try to help you.