Legal Question in Personal Injury in Delaware

Boyfriend had accident if father's car-Boyfriend not insured

My boyfriend had borrowed his father's car.We were on I-95 which is 2 traffic lanes and the 3rd is exit lanes.We were coming up on our exit and we were in the middle lane (lane by exit) and my boyfriend turned his right signal on and there was about a 10-15 second time frame to where he was checking his mirrors.He proceeded to move over and I looked behind me and there was a car that was right at the end of our car in the exit lane.There was an accident-we had scratches on the passenger side back end, but she was hit on the drivers front and spun across the 3 lanes to our left and hit a concrete barrier.The officers even said they weren't there so they dont know who's at fault, but gave my boyfriend a ticket for unsafe lane change.1-How can they do that if they weren't there? 2-If the lady had injuries and if she sues, who will she sue? 3-My boyfriend had no car insurance himself (no car)-his father did so who's covered and how will that work? 4-When we go to court for the ticket,if he is found not guilty for the lane change,will that mean he's not at fault anymore?He thinks she was trying to accelerate past him before we got on the exit. She says he cut her off.The cops never asked what I saw. Please help-need advice

Asked on 3/28/03, 2:23 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Boyfriend had accident if father's car-Boyfriend not insured

Did the collision occur in Maryland or Delaware? The place where the collision occurred will determine jurisdiction.

Defending against the traffic ticket is crucial as it may affect any subsequent civil suit. An attorney is highly recommended. There are

aspects of Maryland law that affect this matter and certain aspects of Maryland's law in this regard are NOT common sense. Consult an attorney of the appropriate jurisdiction.

The civil suit may involve coverage of the insurance held on the car. There are numerous other matters that apply beyond the existence of insurance and an attorney's assistance is HIGHLY recommended.

If an adverse judgment is taken, wages can be garnished for years to come, assets can be attached and a multitude of other unpleasant outcomes may occur. This is not a matter to be taken lightly.

G. Joseph Holthaus

(410) 799-9002

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Answered on 3/31/03, 10:03 am
Bruce W. McCullough Bodell, Bove', Grace & Van Horn. P.C.

Re: Boyfriend had accident if father's car-Boyfriend not insured

You have two issues. The first is the traffic citation. How this is handled can affect a subsequent civil case. Legal representation is a good idea.

The second is a possible personal injury suit by the other driver. From what you say, it sounds like there would be insurance coverage under your boyfriend's father's insurance policy. If you are notified of a claim by the other driver, you should give the information to your boyfriend's father's insurance agent immediately.

Please feel free to contact me if you want to discuss representation.

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Answered on 3/28/03, 2:36 pm

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