Auto Insurance Claims: Auto Accident, fast food restaurant, own insurance

Question
Hello,

I hope you will be able to help me. I have been looking to the answer to this question for about a year now and always end up at the dead end.

My fiancee got into a car accident about a year ago. At that time it was snowing and his dad asked him to take his car to plow out his grandmother's driveway. My fiancee did not have insurance and the car was not insured by his dad either. My fiancee spun on the black ice, he was at the full stop for about 30 seconds or a little less when an insured vehicle hit him by his drivers door at full speed at about 30 mph. The police was there but the cop said there were too many other more serious accidents he did not file a report. Few days later my fiancee got a letter stating that he owes that lady 17 thousand dollars for her car and now they are suing him. She hit him and caused great damage to his dad's car and my fiancee has been having neck pain and back pain on and off ever since. What should he do, can they really sue him for the damages she caused. At that time people could be uninsured and after the accident he was in the law in WI was passed that everyone had to carry car insurance. Should he settle out of court? I am just confused how they can sue him, he was at the full stop when she hit him and he was not blocking all three lanes of the street. He was a little over the second lane fully stopped. I would greatly appreciate any feedback, thank you for your help. Also my fiancee works in the fast food restaurant (does not make even 9.00 per hour) and currently has car insurance. He is not able to pay them for all those damages and we do not have any clue how this could even turn out. Thank you again for your time and help.

Answer
Hi Bojana,

Your fiance is going to have to hire an attorney to defend this case or he will likely lose.

He needs to explain his story in detail. In many cases when accidents happen due to ice, noone is considered to be at fault and everyone goes to their own insurance to get their vehicle repaired. If that were to be agreed to, your fiancee would have to pay for his own damage but at least he would not have to pay the $17k for the other damage.

If he can not find an attorney and the case goes to court, he should still co to court as directed. He can explain his story in detail to the judge and maybe he will win. If he loses and he has no money he can try to make a payment plan or he may be able to declare bankruptsey.

I hope this helps
Richard Hixenbaugh