What can I do if an at-fault driver is suing me for an accident and I don’t have a license?
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What can I do if an at-fault driver is suing me for an accident and I don’t have a license?
A few months ago a lady backed into me in a parking lot. I do not have a driver’s license. No police report was taken and the woman filed a claim about a week later. The indurer refused to cover he claim so she now wants to take us to court or give her $500. What kind a of lawyer can help?
Asked on September 29, 2011 under Accident Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you were not at fault, you don’t have to pay for his/her damages just because you did not have a license. Texas law does not automatically make you liable just because you didn’t have a license. You do not mention whether you had insurance though….. if you were insured, you should let your insurance company know. They have a duty to help you defend a claim. This will be cheaper than hiring your own attorney. If you do not have insurance, then you need to keep good records and notes. If anyone saw what happened, have them write out for you what they remember. Nothing may ever come of the other driver’s threats—but you want to be prepared just in case they do. If the damage is under $500.00, the suit will most likely be filed in a small claims court. You may be able to represent yourself, but you really should talk to an attorney that does insurance defense or the flip side of personal injury work if you get served with a notice of a lawsuit. They can help you file an answer that includes a request that you be compensated for costs of court for having to defend the suit. You can ignore the other driver’s idle threats to sue you, but do not ignore an official notice of a lawsuit like an original petition or complaint. If you do not file a timely answer, then he/she can obtain a default judgment against you. If the other driver is awarded a default judgment because you didn’t take it seriously, you will be stuck paying the $500.00 in damages.
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