by justin_bobier » Fri May 06, 2011 12:02 am
DL is suspended last feb. of 2011. I was hit from behind on 5/1/11. I have progressive insurance and the people that hit me have wawanisa insurance. I filed a claim, and i plan on seeking medical treatment for my back that feels sore. The damages to the back of my car are estimated to be about $500 to repair. Will the drivers insurance(wawanisa) pay for damage to my car and take care of my medical bills as well as any pain and suffering. Or can they say no, you shouldnt have been driving.
Posted: Fri May 06, 2011 11:18 am Post Subject:
DL is suspended last feb. of 2011 . . . Or can they say no, you shouldnt have been driving.
DUH . . . and your reason for driving with a suspended license is: _________________?????
Here's the reality. If there was damage done to your vehicle, the at fault party is probably obligated to pay for it as a result of their negligence. But, depending on the state in which the accident occurred, an ABSOLUTE DEFENSE against the negligence claim might be something called "Contributory Negligence".
Under that theory of tort law, this "common law" defense states that if you were just 1% responsible for your damages, then the other party is relieved of ALL responsibility for your losses. You don't mention the state in which this occurred, so we can't fully answer that yet.
Your final statement, quoted above, is the answer to that possibility if you are in one of those states. When a person's driver license is suspended, YOU ARE NOT SUPPOSED TO DRIVE . . . PERIOD. The law doesn't care if you find it difficult to get to work, perform your duties as a delivery driver or forklift operator, go on a date, buy your groceries, or pick your nose while sitting at a red light thinking no one can see you. YOU WERE "TOLD" TO TAKE THE BUS OR WALK OR RIDE YOUR BICYCLE (or foot-powered scooter)!!
Let's see, now why would someone have their driving PRIVILEGE revoked temporarily or permanently? Driving without insurance . . . drunk driving . . . multiple citations . . . causing an accident with injuries . . . reckless driving . . . or driving on a suspended license, among others. Please enlighten us as to the reason in your situation. In most states, a subsequent conviction for driving with a suspended license is a misdemeanor punishable by 6 months to a year in county jail, in addition to any possible fine. Driving with a suspended license and causing an accident with injuries is usually a felony, for which you and Bubba might become spouses for the next 2, 3, or 5 years in state prison.
i plan on seeking medical treatment for my back that feels sore.
The accident occurred on May 1, and on May 5 you are planning to seek medical treatment? DUH . . . in what year? If your back was truly injured, you would have already obtained medical care.
The reality is this: If the damage to your vehicle is only $500, I would suspect that your back has little reason to be sore . . . other than, perhaps, it feels a case of insurance fraud coming on. That, too, is punishable as a felony. I think I hear Bubba practicing walking down the aisle to meet you at the altar. A sore back will be the least of your worries with Bubba coming at you from behind in your cell.
Regardless, your "sore back" is probably NOT COMPENSABLE because you were driving on a suspended license. Even if your accident occurred in a "Comparative Negligence" state such as California. Why not? Because there is probably a clause tucked conveniently into your auto insurance policy that says you are not covered when driving on a suspended license -- in fact, you should expect to have your insurance cancelled for doing so. The cancellation letter may even be in the mail as I write.
In "pay to play" states, like California and most other states these days, driving without insurance does not permit you to collect anything for "pain and suffering" -- things called "general damages". At best, only your actual (aka: "special" or "specific") damages might be covered.
Consider what the court meant when it suspended your driving privilege: for the next (insert length of time here), pretend you have no hands or feet with which to operate a motor vehicle. It's too bad they can't actually imposed that kind of punishment. It's fools like you who drive up the cost of insurance for the rest of us law-abiding drivers, our licensed family members, and our licensed friends.
Posted: Fri May 06, 2011 11:21 am Post Subject:
I don't think they can deny it so easily if their insured is at fault. What does the police report say? However they'll need to pay for damages caused by their insured if the person had liability coverage with them and was at fault.
Posted: Fri May 06, 2011 11:25 am Post Subject:
It appears that Steven was posting his response at the same time I was posting mine, and he did not have the benefit of some of my explanation.
It is not an absolute that your property damage will be covered by the at fault party's insurance . . . not until we know for sure in what state the accident occurred.
Posted: Sat May 19, 2012 05:08 am Post Subject: suspended license
motorcyle hits back of tow truck after hitting down tree in highway , which was in road. tow truck flashing lights were on. motorcyclist has suspended license
Posted: Sat May 19, 2012 10:00 am Post Subject:
All of the insurance companies before paying recovery to the client analyzes the effected case. if it suits according to the company's criteria, then a person is eligible to get the recovery from the insurance company. The other thing regarding the case is recovery for the medical treatment, so in that case if its critical and mentioned in the insurance, then probably a person can get it.
Posted: Tue Jan 01, 2013 12:29 am Post Subject: Suspended License/ car accendent
I ran a red light and hit a car , I have a suspended license and was driving my bosses truck under his insurance. Will my bosses insurance company cover the other persons car damages?
Posted: Tue Jan 01, 2013 06:04 am Post Subject:
Depends on the policy your boss has and if you'd be considered an insured. Most likely they will address the loss.
P.S. Your boss is an idiot for letting your drive... just an idiot. Your license was suspended for a reason. You also knew it was suspended. So you are no better.
Posted: Tue Feb 12, 2013 07:10 pm Post Subject: Suspended license
I am a single mother of 4 and my license was recently suspended. I do not ever drive unless absolutely necessary, which would mean it would have to be for my kids and something to do with their school. I was on my way to pick up my daughter from school because I was the last resort and I just out of the blue had a seizure and totaled my car. It was just a single car accident and I was the only one involved or injured. My licensed did not even show up in the system, but I am sure it will at some point. Since it was only me involved and it's not like I was just driving to go shopping or something, is there any chance my insurance will cover the damages to my vehicle?
Posted: Wed Feb 13, 2013 01:16 am Post Subject:
is there any chance my insurance will cover the damages to my vehicle?
Please see my sig.
Do you have collision coverage? If so, it will probably be covered.
Your daughters school does not have it's own buses?
I guess as long as you have a "good" reason for driving illegally then everything will be okay. Right? I need money... I think I'll rob a bank. I'm going to pay bills with the money so it''s not like I'm doing anything wrong. :roll:
Posted: Wed Feb 13, 2013 05:28 am Post Subject:
NO! My daughter's school does not provide bus transportation to and from school if you live within a certain distance from the school. I was asking this question because I was not sure about the answer, but don't feel that I should have received the response you gave me trying to make me out to be some idiot!! When it comes to my kids I will do what is necessary to take care of their needs, and no that would not include robbing a bank!! Thanks anyway.
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