I was an uninsured driver involved in a vehicle accident and the other driver is suing me for vehicle damages?
September 28th, 2009 Posted by: admin
The driver was speeding and hit me as I was changing lanes. Fault was not indicated on the police report. It was more of a “he claims, she claims” statement. I am wondering how the plaintiff would benefit by not having their insurance company (no fault state) deal with it and come after me if they felt I were at least 50% at fault. Furthermore, it wasn’t even my vehicle, but I was cited for no insurance. No other tickets were issued.
By: JNJ
By: JNJ
Tags: Insurance, Police Report, Uninsured Driver
September 30th, 2009 at 13:01
The bottom line here is that the accident is 100% your fault as the car was not even supposed to be on the road.
Regardless of the state or who hit who you will be held 100% liable.
If there was personal injury you could be paying for the rest of your life.
i hope it all works out for you.
September 30th, 2009 at 14:58
well my opinion is that driving an uninsured vehicle is illegal to drive on the road no matter what and in some states you can’t even park an uninsured vehicle on the street, so really your 100% at fault since the car you drove was uninsured, but my opinion about what happened, both of you were at fault 50/50 because he was speeding but also you didn’t switch lanes safely without properly checking for clearance so its almost like you pulled out in front of him, i think its just 50/50 nobody is more at fault than the other, it would be like someone pulling out in front of someone, the one that pulled out will be considered at fault no matter what, my uncle was driving a company van which he was insured to drive since he worked for the company and it was at night, he stopped at the stop sign and pulled out, well someone was coming down the other road hauling a** with no light on at all, so it was the other cars real fault but they said my uncle was the one at fault, sometimes laws don’t make much sense and they should be more flexible but they’re not, i don’t know what the judge will say, it seems like his insurance will be able to pay for his damagess since it was a “no fault” claim but maybe if his insurancee does then his will go up so maybe he’s just suing you so his insurance doesn’t go up if he wins
October 1st, 2009 at 17:47
I am talking from an UK point of view but this is the only instance that I know of that I can drive into the back of you and it is your fault because you are NOT allowed to be there.
This is beyond what the police declares. In court they don’t even need a lawyer, their only statement needs to be “He didn’t hold current insurance at the time”. The judge will then ask you if that is a fact and when you say “yes” that is the moment that you lose. You pay all the damages plus whatever the fine for having no car insurance.
That’s it, case finished, next.
In the land of the free? I bet there’s no much difference.
October 2nd, 2009 at 02:59
fault is indicated on the police report but it’s coded and you wouldn’t notice it, even if the plaintiff doesn’t come after you his insurance company will
October 2nd, 2009 at 18:29
It doesn’t matter how fast the other car was going. You changed lanes when it wasn’t safe to do so and that places the fault at your feet. The fact you were driving without insurance means you get to pay for the damage to the other vehicle. While driving with no insurance is illegal, it does not automatically make you at fault. Negligence and improper lane change does that.
October 3rd, 2009 at 09:26
Your fault, two reasons. 1. You were changing lanes. And the law is clear in all states that you can’t change lanes unless the way is clear. The fact you were hit shows the lane was not clear. The law does not say “You can’t change lanes unless the way is clear, unless someone is speeding, then it’s okay to pull in front of them.” 2. Without insurance on the vehicle, you shouldn’t have been driving. Doesn’t matter who owned the car, you were responsible to be sure there was insurance on it before you drove it. So, pay the person for the damage you caused. Pay now, or later, after you lose in court and the court fees are added.
October 4th, 2009 at 01:45
Be glad ur only being sued for veh. damage and not personal injury. No insurance you are automatically at fault because ur not suppose to be on the road. Personal injury can run into the millions. For what it costs I’d be talking to a lawyer