ANSWERS: 2
  • AHHHH! You're kidding!?! Sorry, I have no legal answer for you... only anger on your behalf. GRRR!
  • Her insurance state doesn't matter. The person behind another vehicle is required to maintain enough distance from the vehicle ahead of him to allow time to react to sudden stops or other, violent maneuvers. This is a well-established principal in traffic law. In many states, the charge is "failure to maintain". In short, you failed to maintain adequate stopping distance and you are the offender in this scenario. The victim is entitled to pursue you and/or your insurance company for all reasonable medical costs. I doubt that she can claim the car herself since she was not the owner, but the owner can file a separate claim for damage by you to her private property. If the police were summoned, they should have cited the other driver for not having insurance and driving without a license, but it has no bearing on her standing to sue you for medical costs.

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