Visitor Question

Car accident with no one at fault?

Submitted By: Kiersten (GARNER, NC)

A friend was involved in an auto accident at an intersection. Both parties are claiming that the other ran a red light. Both drivers have insurance, but the other driver has no licence. My friend’s car hit the other in the side, and the struck vehicle rolled.

The driver of the car that was struck is claiming to have had a minor in the car who was injured. Both insurance companies are denying the claim. The police report also says they cannot determine fault. Can the other party sue my friend for medical bills? What should be his next step?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kiersten,

Unfortunately, anyone can sue anyone else, at just about anytime. That doesn’t mean the person suing has a valid claim, nor does it mean the person suing will win. From the facts you present, the other driver may have sustained injuries, and the minor in the car apparently may have as well.

In the event a lawsuit is filed against your friend, your friend’s insurance company is contractually bound to represent him or her. All car insurance policies require the insurance company to defend their insured in the event a lawsuit is filed. Coverage will be up to the maximum limit of the insured’s policy.

In the event your friend receives a letter from the other driver, the driver’s attorney, the minor’s legal guardian, or the minor’s attorney, your friend must immediately contact his or her insurance company.

While your friend’s insurance company has a duty to defend your friend, your friend has a reciprocal duty to contact his or her insurance company promptly after the accident, and certainly in the event your friend is contacted by the other driver, the driver’s attorney, the minor’s parents or the minor’s attorney.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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