Fault in a car accident and suing in small claims court for damages

Question

A friend was in a one vehicle accident and was driving with only a permit(illegally because no one else was in the car). The accident was caused by another driver who broke the law by being on the wrong side of the road. My friend never collided with the other car but swerved and hit a gaurd rail. There is damage to the car, which only has liability insurance. If the other drivers insurance company denies the claim against the driver on the wrong side of the road or only pays in part, can she sue the driver directly in small claims court for the damage? Will she be successfull? This is in PA. Two witnesses stopped who corroborate my friends statements and there was no speeding or other factors at work.

Answer 1

The above answer is good

Note also that small claims court do have limits on the amount you can collect (hence the name "small claims")

Also I would make sure the witnesses are actually willing to come to court and testify and be cross examined (if they ditch, it makes it lots less likely your friend will win).  

Answer 2

The other driver can easily claim that your friend's inexperience as a driver as evidenced by the fact your friend does not even have a drivers license caused the accident.

Answer 3

It is very difficult -- but possible -- to attribute fault in a non-contact crash.  Your friend will have to have the LIVE TESTIMONY of the witnesses in court, and possibly of the officer/accident investigator as well as photos & diagrams.  The other driver's insurance company will have experienced defense attorneys represent them.  They love to try non-contact cases because they are more interesting than run of the mill fender benders & they have a good chance of defeating them.   If they can get the company' approval for the expense they will even have a professional accident reconstruction expert testify with figures, diagrams & pictures that the accident COULD NOT POSSIBLY have happened as your friend described.  

Answer 4

Nothing your friend can do.....he/she can TRY small claims but I highly doubt it will go anywhere.  #1 he/she was driving without a valid driver's license.  #2 he/she swerved out of his/her travel lane (failing to maintain travel lane) and caused their own accident.  Point is that the vehicle driving wrong way never collided with your friends car so their insurance has nothing to do with the damage done to your friends car.  It could be pointed out depending on the roadway characteristics your friend may have been able to avoid colliding with the wrong way driver and STILL avoid a collision with any other object.  

From my experience investigating accidents, for insurance purposes and determining who is "at fault", it's easier NOT to avoid a collision.  I've seen worse accidents happen from people trying to avoid a small collision and then ending up in a much bigger one.

Unsafe lane changes for example....someone is coming into your lane looking like they are going to side swipe your car (blind spot) it's easier, safer, and will normally cause LESS damage to your vehicle if you allow them to hit you.......so what if they do, that is what insurance is for and then it becomes THEIR fault in the accident not yours.  Same example, you swerve to avoid that car from colliding with you and you hit a car in another lane....that accident just became YOUR fault not the person who was trying to come into your lane.

Answer 5

Yes, she can sue the driver.  The insurer will not offer even a partial payment without a release and the release will prevent the suit.  If she rejects the release she can sue the driver.  The insurer will defend and will pay any judgment.  Whether your friend will win cannot be known because there are too many variables.  

Answer 6

Well, considering that she was on the road illegally, it can easily be argued that the accident would not have occured at all if not for that.  Same idea that is behind a driver with no insurance being automatically at fault for an accident-it is illegal to drive uninsured therefore you should not be out on the road in the first place.