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Yes, you can file when they are sober. However, the insurance agency will try to get out of paying for the damages because her liscence is suspended and it was illegal for her to be driving in the first place. She is stuckin a tough situation that's for sure. No there does not have to be a police report filed. Keep in mind though these stipulations may vary from state to state. My advice would be for her to keep shut about her liscence and try to get his insurance company to settle out of court. I was also in a simular situation and insurance agencies would rather settle that way. But if his company wants to be an ass about it and her company finds out she is not a legal driver, she could be stuck with all her own damages. Can she afford a lawyer? That would be the best thing to do.
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