Accident / Insurance

[DR2000]

Hi.

Currently my best friend is in a very bad situation, and I hope you can answer some of the questions for me. I can't think of any other place to ask.

My friend was driving a car which belongs to his sister and got into an accident. His sister lives in Illinois, and that's were the car is registered. The accident happened in New York. In addition to all that the insurance expired 4 days prior to accident, and apparently they forgot to extend it.

It pretty much looks like my friend is at fault for the accident.

How should he handle this? The other guy's car was new, and chances are that he had full coverage on the car. But some one has told me that the car that my friend was driving can be taken away, and stuff like that.

My friend is thinking to call up the guy, and try to offer him to pay for the car damages. I think that he should probably get help from a lawyer.

Please tell me what he could do. This is a really bad situation and he's feeling totally helpless.

Thank you.

 

[DR2000]

Also I forgot to mention that my friend has New York state license, since he lives in NY.

 

[Michael Wechsler]

Were the police involved and was it reported?

 

[DR2000]

Yes. The cops were there, and they put together an accident report.

Also today we spoke to some people, and were told that this could happen:

There is a chance that there is some period from which the insurance still covers after its experitaion. In either case they are going to be contacted first. Then if they don't pay the guy will call up, and ask for payment for the damage. If my friend doesn't he'll be taken to small claims court where no lawyer can be used, and the guy will show all the receipts for the repairs, and the friend will have to pay. Also one of the things that can happen is that the guy has full coverage, and his insurance will cover it.

Also another thing would be that the guys insurance pays him, and then sues my friend. How bad can that get? Or still with the same results - my friend paying for car repair?

Is this information correct? Thanks for your help.

 

[Michael Wechsler]

I'm unaware of small claims court prohibiting the use of a lawyer. In such a court a lawyer is not needed and usually, most things can easily be accomplished without one.

With regard to your problem, I'm not sure what answers you can expect here. Nobody can predict the future and it seems that whatever path will happen, fate will take it's course. The reports have been filed and the relevant parties are aware of the accident.