What to do if I was in an accident that was not my fault?

UPDATED: Sep 26, 2013

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What to do if I was in an accident that was not my fault?

I was driving and someone turned in front of my with not enough time for me to stop or for her to pass the two lanes of on coming traffic and I hit her. There was a witness that verified it was her fault. When everything was said and done it turns out I have a suspended licenses (which i was unaware of). I know I wrote a check and sent it in but i checked with my bank and it was never taken out and they said they never received it. I am just worried that this will affect her insurance company in paying for the damages on my car.

Asked on September 26, 2013 under Accident Law, South Dakota


Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 9 years ago | Contributor

Hello. Definitely, do not drive until you have a valid driver's license. Please do turn to an attorney licensed in your state and she/he will be happy to assist you. The sorts of issues you describe tend to hinge on state law. Some attorneys are available seven days for emergency legal needs. Many attorneys will speak initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in a limited scope manner to conserve legal costs. All the best.



Tricia Dwyer, Esq & Associates PLLC

Phone: 612-296-9666

365 Days of the Year until 8 p.m. daily



Minnesota Law Firm

Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

The fact that you were driving on a suspended license should not affect the at-fault driver's insurance paying for your car repairs.  I am assuming your license was suspended because your insurance company did not get their check and you lost your insurance coverage.  However, even if you were driving without insurance, this should not affect the at-fault driver's paying for your damages, so long as you were not at fault.

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.

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