If you are in a car accidentwith a suspended licensebut it was the other driver’s fault, can you be sued?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you are in a car accidentwith a suspended licensebut it was the other driver’s fault, can you be sued?
My boyfriend was driving my car on a suspended license and got into a car accident. The other driver was at fault but being he was scared so he ran and stopped a few streets down. The other party was uninsured but the owner of her car was insured and because they were at fault by law and in the police report, they had to pay for my car’s damages. Now, supposedly, the other party wants to sue my boyfriend for having to pay for my damages even though they were responsible for the accident. Is that possible?
Asked on November 21, 2011 under Accident Law, Maryland
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The other driver was at fault and the registered owner of that vehicle was liable for the accident. The other driver should have been charged with hit and run for leaving the scene of an accident which is a criminal matter.
The liable party has no valid claim or grounds for filing a lawsuit against your boyfriend. If he is sued, he should file a cross-complaint (countersuit) against the other party for abuse of process. Abuse of process is abuse of the legal process for filing a frivolous lawsuit. He should seek punitive damages (a substantial amount of compensation to punish the opposing party) for filing a frivolous lawsuit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.