Q: My friend was just rear-ended by another driver (he didn't have insurance, in a parking lot. What are his rights?
In front of a USPS, a lady slammed into the back of my friend's truck (he's Mexican, but doesn't quite look it) and she damaged her front bumper. While he has insurance on another car, he had recently purchased this one and did not yet have insurance (driving it for 3 days, and got it the day after). She is definitely at fault (she hit the back of a truck with the front of her car in a parking lot) but her insurance company convinced him to pay them $2500 for her damages out of pocket. (He got coverage the next day, and yes I am aware it doesn't count). She also reported him to the DMV, and he is concerned they might suspend his license. He has already paid (against my advice), but is concerned about his license.
My question is: is this legal? To me this sounds like someone trying to pin the blame on someone else.
A:
IF THERE IS NO QUESTION BUT THAT SHE IS AT FAULT THEN HE SHOULD NOT HAVE TO PAY ANYTHING TO HER....IE SHE REAR ENDED HIM WHILE THEY WERE GOING IN THE SAME DIRECTION RATHER THAN AN INTERSECTION ACCIDENT WHERE SHE HIT THE REAR OF HIS CAR!!
THE PROBLEM IS THAT HE WAS IN AN ACCIDENT WITHOUT INSURANCE. EVEN THOUGH IT WAS NOT HIS FAULT DMV WILL BE LOOKING TO SUSPEND HIS LICENSE FOR 1 YEAR..............THAT IS THE LAW.
A:
What is it that you think wasn't legal? He negotiated a settlement to property damage. If he didn't want to pay, he could have said "no".
As for his rights, he's already given up his rights by admitting fault (i.e., he agreed to pay). It is possible that he was at fault. If he was backing up at the time of the collision, for example, he would probably be at least party at fault. His lack of insurance doesn't affect who was at fault and neither does his being Mexican. He was supposed to file an SR-1. If he doesn't it is possible for DMV to suspend the license, although I have not personally seen that happen. He can still attempt to submit one now. His license can also be suspended for failure to have insurance, but since he apparently wasn't ticketed for that, it seems unlikely for now.
A:
If he was hurt he has a claim for his injuries and should consult a member of CAOC.They give free consults.
Second, if she hit him he needs to cancel the deal. They are engaged in an unfair insurance practice.
Third, let's not be hasty. Many compnaies have a provision that covers you for your vehicle for a certain number of days if you get coverage within that time. He or someone that is fully English speaking needs to look at his entire policy, talk to his agent. He may have coverage!
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