i was in an accident,i rear ended someone, who purposely brake-checked me to cause damage with harmful intent. the insurance company found the guy to be 100% at fault for the accident. neither one of us were cited by the police. he left the sceen of the accident brfore the police arrived, he had no damage to his vehical ,but mine was over $3000, and i have a $500 deductiable.
to pay. what happens to the guy since he had no insurance or no drivers liecence. they only gave him a ticket when they found him for driving under suspension, and failure to control.
2006-09-14 09:22:27 · 11 answers · asked by ? 2 in Politics & Government ➔ Law Enforcement & Police
yes i have uninsured/under on my policy, i know they guy ,thats why i want to know if the insurance co will sue him
2006-09-14 09:27:00 · update #1
i wasnt following on his butt, we both turned out of a road and he slammed on his brakes on purpose, cause he dont like me
2006-09-14 09:30:15 · update #2
YES, THE COP SAID IT WAS MY FAULT AND HE COULD CITE ME, BUT ITS BEEN 15 DAYS AND STILL HASNT. THE INSURANCE CO. SAID IT WAS HIS FAULT. THE COP DIDNT CITE THE OTHER DRIVER FOR THE ACCIDENT, JUST DRIVING UNDER SUPENSION, NOT EVEN LEAVING SCEEN OF ACCIDENT.
2006-09-14 09:44:33 · update #3
Here in Florida if you hit someone from behind, it's your fault without question. And my experience from insurance companies is that your insurance company will claim that the crash was the other driver's fault while his claims that it was yours. Go figure that neither of them really want to pay. And if officers at the scene of the crash didn't find fault (ie. issued a citation), the insurance companies will bicker back and worth at your expense. Having investigated thousands of crashes and testified in court many, many times, I fear that you have an uphill battle in court because you have to drive with due regard for the traffic in front of you. Even if you did go to court his excuse is going to be that a child, car or other object pulled out in front of him and he had to hit his brakes, but there was absolutely no reason for you to be following him so close as to not be able to maintain control of your vehicle.
2006-09-14 19:51:48 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I have never seen a rear end accident be the fault of the guy in front. I think someone screwed up here. It is ALWAYS the fault of the person in back. The guy in front can slam on his brakes at anytime time, if you hit him it is your fault for "following to closely". The Officers at the scene may have said that to you to let you feel better, but in court you will lose. It sounds like the police in California the way it was handled. Your insurance may have believed you and has to stand by your side. You said no one was cited then say he got a ticket? which is it? I doubt anyone without a license will purposely "brake check" for you to hit them.
Not being mean here, just telling you from experience in accident situations. In court they will be alot meaner....
Whether he likes you or not will not come in to play, just that you were too close to stop.
2006-09-14 09:36:13 · answer #2 · answered by hmmm... 4 · 0⤊ 0⤋
Your insurance company will pay to repair your car. If they think they can get money from the other driver they may sue him on your behalf but if he doesn't have insurance it's not likely. Unfortunately this goes down on your insurance as a claim even though it's not your fault.
2006-09-14 09:37:23 · answer #3 · answered by Mike 3 · 0⤊ 0⤋
Small claims court.... that's probably the easiest way (and maybe the fastest way) to get your money back. File a suit in court. You can file for the $500 deductible + court costs. With the insurance claim finding them completely at fault then it should be easy to get the claim in your favor!
Good luck!!
2006-09-14 09:24:43 · answer #4 · answered by PT&L 4 · 0⤊ 0⤋
Here in New York State, we are required to carry "Un-insured motorist coverage" Yes, I am paying for some scum bag to drive with no insurance.
Your going to have to sue the other driver and in the future don't tail gate. (follow so close)
2006-09-14 09:47:02 · answer #5 · answered by Eldude 6 · 0⤊ 0⤋
Depends on what rules your state has. It is a no fault state? did you have uninsured motorist coverage? The good thing is, you won't be following up someones butt anymore will you?
2006-09-14 09:27:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you would have to take him to small clames court to get the money, if you win he pays. other then than that the only thing that can happen is that he can get a ticket, you should notify the DMV to let them know that he did not have insurance and see if they do anything. sorry to say there is not much that can be done
2006-09-14 12:23:10 · answer #7 · answered by Coconuts 5 · 0⤊ 0⤋
If you don't have a police report, you're screwed. Talk to the police. Maybe you will have to hire an attorney. Good Luck.
2006-09-14 09:30:44 · answer #8 · answered by sheeny 6 · 0⤊ 0⤋
go to court for 3 grand you get 500 the insurance gets 2500 and your rates don't go up.
2006-09-14 09:27:44 · answer #9 · answered by Anonymous · 0⤊ 0⤋
better hope you had uninsured motorist insurance rider on your insurance. you could take him to court!
2006-09-14 09:24:37 · answer #10 · answered by xrionx 4 · 0⤊ 0⤋