Legal Question in Civil Rights Law in North Carolina
Car Accident
My sister was recently involved in a car accident where she was hit from behind. She found out today that the other driver's insurance policy expired 12 days ago. Her insurance co. will submit a claim to fix her car but she will still have to pay the deductible. Is there anything that she can do legally to get the driver at fault to pay for the damages?
1 Answer from Attorneys
Re: Car Accident
You can sue the other driver and obtain a judgment against her. That may or may not be collectible, but people are often concerned about such things and they will voluntarily pay something to resolve the claim. You also want to make sure that she did not obtain a new policy. Also, the insurer is required to send out certain forms of notice when it is canceling a policy (which may nor may not apply of the policy merely expires); sometimes you can find coverage even though the liability insurer initially denies coverage. Finally, if the other driver was working for someone at the time (e.g. making a delivery), then her employer would be liable, and it may have insurance.
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