Auto Insurance Claims: Uninsured motorist learner permit driver, fender bender, insurance comapny

Question
Writing from North Carolina.  My niece is a 21 year old learner permit driver of a few months.  She was traveling with a licensed driver.  She rear-ended the car in front (small fender bender), police report filed, insurance information exchanged.  A month later, my niece receives notice that she is being sued by the people she hit because the license driver she was with let the insurance lapse.  Is my niece liable in the civil suit or should the insurance company go after the license driver?  If she is liable, should we get a court appt attorney?  Thanxs for any information!

Answer
Hi Angela,

Unfortunately, your neice caused the accident is is ultimately responsible for any damages. Although the licensed driver did not have insurance, they were not driving and did not cause the accident.

I do not think the court will appoint an attorney in a civil case but you can check. Otherwise, your neice will have to hire an attorney or go to court on her own. In court she can try to make a payment arrangement with the insurance comapny attorney for the damages.

I hope this helps
Richard Hixenbaugh