- May 19, 2024
- Posted by: legaleseblogger
- Category: Related News
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### The Accident and Legal Issues
A lady t-boned my girlfriend’s car in a rainy and dark condition, leading to a ticket for “failure to yield.” However, my girlfriend couldn’t see the lady coming as the latter did not have her headlights on. The inability to prove the other driver’s negligence without her admission, along with her driving with a suspended license and no insurance, complicates the situation.
### Consequences and Challenges
Despite my girlfriend’s ticket for “failure to yield,” her insurance refuses to take action due to the lack of evidence against the other driver. Moreover, my girlfriend incurred minor injuries, including a concussion and bruising, requiring hospitalization. Although fortunate that the injuries were not severe, the ordeal raises questions about seeking compensation for damages caused by the irresponsible driver.
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In this complex legal scenario, AI Legalese Decoder can assist in deciphering the legal language and requirements involved in pursuing a claim against the negligent driver. It can analyze the statutes related to driving with a suspended license and the lack of insurance, providing guidance on the appropriate steps to take in seeking compensation for the damages incurred. By utilizing AI Legalese Decoder’s capabilities, individuals can navigate the legal process more efficiently and effectively in seeking justice for the harm caused by the reckless driver.
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****** just grabbed a
>The cops say that there’s no way to prove that her headlights were off unless she admits it to insurance.
Well, that’s not true. Your girlfriend could testify they were off and the lady could say they were on and the factfinder (judge or jury) would then decide who is more credible.
>Since my girlfriend got a ticket for failure to yield, her insurance won’t do anything for her.
What does that mean? They won’t pay for the repairs on her car? Why not? Did she have collision insurance? Collision insurance protects you even if the accident is your fault.
>Is there a way to sue her for damages because she shouldn’t have been driving in the first place with a suspended license
Not really
>and she put my girlfriend in danger by driving without headlights?
Yes, she could sue for that, but she may have trouble finding an attorney who is interested in taking the case on a contingency fee basis. And the lady driving with no insurance probably has no money.
Has the other driver made a claim against your girlfriend’s liability insurance and is your girlfriend’s insurer paying that claim?
Sounds like your girlfriend is at fault. Based on the failure to yield ticket sounds like the other driver had the right way. Even if it was getting dark and raining your girlfriend has a duty to make sure it’s clear before proceeding.
It is possible the other driver could share in some of that fault for not having their lights on, but the right of way trumps that when it comes to overall duties.
You didn’t list your state. In most states Not having insurance while illegal, and a bad choice does not bar them from recovering their damages from your girlfriend. If you are in a no pay no play state the other driver wouldn’t be able to collect according to your states law.
> Since my girlfriend got a ticket for failure to yield, her insurance won’t do anything for her.
Her insurance will pay to repair the other lady’s car. And her medical bills. But if your GF didn’t have collision or full coverage on her car, it is true, they will not pay to repair your GF’s car.
This is a hard lesson to learn, I am sorry to say. I had to teach my kids to roll down the window at night, in the rain, or the fog, if you can’t clearly see.
How exactly did the accident happen? Just because the lady tboned your partner does not mean she is at fault. Your gf got the ticket for failing to yield ROW. This means your GF was either leaving a parking lot, entering a blind intersection, etc. If this happened, your gf is definitely at fault and the cop is correct…you cannot prove headlights were on or off as it both parties word against the other. You can see if there is any surveillance in the area but this occured during the day time or time of day that doesn’t require headlight usage then you have no case.
Also, knowing the state matters as well .. different negligence laws. I used to do this for a living so I’ve seen this plenty of times.
what is your desired outcome here? If you live in one of the many mandatory insurance states the other driver was not only suspended from diving but breaking the law without insurance, Yes you can tell if a light was on in a crash by the bulb which they teach in accident investigation that the officer forgot or hadn’t been to. Fight the ticket in court aggressively especially the insurance (id a law) and license situation. read carefully the insurance determination letter. If you beat the ticket ask for a re determination. If not get the states insurance regulators involved as well as a lawyer to pursue the insurance company showing both the determination letter of course they will give you your options as they see them.
No insurance+no dl= no money. What are you suing for? l
>Is there a way to sue her for damages because she shouldn’t have been driving in the first place with a suspended license and she put my girlfriend in danger by driving without headlights??
This may seem a little complicated, but bear with me here:
Your best chance of getting compensation for your damages is through the other driver’s insurance company.
Your girlfriend’s insurance company denied coverage because your girlfriend was ticketed for failure to yield. It is therefore reasonable to infer that the other driver’s insurance company will deny coverage because *their* insured was driving on a suspended license.
So should you sue and win, you have to try to get money from somebody who likely doesn’t have any money to pay.
You will not have an easy time getting a lawyer to take this on for you.
This post has finally made me commit to getting a dash cam.
This is why we are getting go pro cameras in both our cars… watch you tube car accidents , people that have camaras , and the a hole that hit them and then says it’s not their fault, then camaras are proof. Never seen so many people lie and try to get out of blame for car accidents they caused. Protect yourselves in the future and get a camara in your car.
Get a good traffic lawyer and fight the ticket in court To have that ticket dismissed. Then the insurance company would not have grounds to deny the claim.
Was the cop just incompetent? If your gf got t-boned then it seems the other person failed to yield. Also, usually, if someone has no license/insurance then they are automatically liable for any accidents. Essentially when committing a crime you are liable for anything that happens as a result of that crime.
There are thousands of attorneys in every city looking for auto accident cases. Call some.
This is an episode of “Judd for the Defense” from the 1960s. If the headlights broke, at least with the old filament type, you can tell if they were on or off at the time of breakage. At least, that’s what the lawyer claimed.
I don’t know how this would work with the new types of lights.
Imagine willingly getting into an ambulance when you have no injuries. It seems like you thought you were going to get paid and it just didn’t work out.