Who's paying for my car damages?

by Aisha
(Kenosha, Wisconsin)

I was involved in a car accident where a driver ran the stop and hit the front passenger fender and smashed in the front wheel also.

SHE WAS AT FAULT. But I found out from the police, not knowing this before the accident, that MY license was suspended. The other driver has full insurance and license. I had small back pains and went to the ER from the scene of the accident.

BOTH cars involved were towed. Can I place a claim with her insurance and get my car fixed even though my licenses were suspended????

HELP PLEASE.


Answer:

Hello Aisha,

Yes, you can file a claim. The fact that you were unlicensed does not have anything to do with fault.

Fault is a factor of negligence while driving. Having your license in proper order does not have anything to do with the facts of the accident. As you can see in this website, fault is determined by Duty, Breach, Causation, and Damages. Causation would be the element they would be missing to dismiss your claim.

Please see:

http://www.auto-insurance-claim-advice.com/Causation.html


I hope this helps some.

Good Luck,
http://www.auto-insurance-claim-advice.com/