Legal Question in Traffic Law in Kansas

Auto Accident

I was in an accident with another car, they hit my vehicle and totaled it out. The person driving the vehicle had a suspended license, but her alleged insurance company is finding me at fault for $7,000. Are their any laws of fault, when the driver should not have been on the road in the first place.


Asked on 12/02/08, 7:46 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Auto Accident

The other driver's insurer is merely alleging that you are at fault.They don't have the authority to deem you at fault unless you let them, or a civil court finds you at fault. If you feel the other driver was at fault, then that is how you should approach your dealings with that insurer. If the other driver was driving on a suspended license, then the officer taking the accident report may have cited them.

There is no absolute rule that a suspended driver is always at fault in a collision. But the lack of a driving priviledge can be used as part of the evidence to show that the other driver was at fault if you sue them.

Te insure is probably trying to aggressively puruse you as being at fault as a strong-arm defense of their insured, who should nto have been driving. If you stan d yoru ground, and the facts of the accident back you up, you may be able to get them to relent. If not, consult directly with an attorney to evaluate yoru case.

Good luck

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Answered on 12/08/08, 1:13 pm


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