Should he take the driver to court for his repairs or will he get his license suspended if he does?
2006-11-16 16:12:44 · 7 answers · asked by Paul S 2 in Cars & Transportation ➔ Insurance & Registration
He is just as much in err as the uninsured driver. He cancelled for non-payment. Cancelled is cancelled. But in a Court Case the person to be found at fault would be ordered to pay restitution.
2006-11-16 17:18:27 · answer #1 · answered by cdc343's 1 · 0⤊ 0⤋
I can't imagine how he would get his license suspended since a civil action like a lawsuit over such matters doesn't involve the police or have to be prosecuted like a criminal matter. Any action against either of them for not having insurance would have been instituted while at the scene in the form of a ticket given by the cop once the lack of insurance was discovered.
The uninsured status could be discovered in court over this via testimony, but again, it's a civil matter, not criminal. The only thing that could happen is if you're in a no pay no play state your friend could be advised he cannot collect against the other party. He also could be admonished by the judge over it; ultimately you don't know what a judge or jury will say, but your friend does have the right to pursue the other person and his only remedy for that is a lawsuit since he has no insurance to handlet his on his behalf.
2006-11-16 21:11:34 · answer #2 · answered by Chris 5 · 0⤊ 0⤋
Tell your friend to open an uninsured motorist claim with his own insurance company. They will send someone to appraise the car. Then they will tell him how much they are going to give him for the vehicle to get fixed. Tell your friend to make sure he wasn't at fault, b/c if he was then he is screwed. They will give him money for the repairs but they will deduct his deductible, if applicable. You don't need to have full coverage, this coverage comes on your liability.
If your friend is hurt, he can still sue also. But he will be suing his own insurance company.
Once you have opened a Uninsured Motorist Property Damage claim, your insurance will pay you, and sue the other driver personally.
They will take him/her to court and collect all of they money they laid out b/c of the accident that he caused. Insurance brokers don't tell you that. They tell you there is nothing you can do. But in a case like this, there is something. Call up your insurance company and open a Uninsured motorist claim and get results.
2006-11-17 08:29:15 · answer #3 · answered by Rica 82 5 · 0⤊ 0⤋
Taking to court would be a long winding option and also proving who was at fault might be harder to do in from of the judge. Some state requires 51% at fault other requires complete 100% at fault by the defendent....so he has to consult a layer before he does this
2006-11-16 19:41:06 · answer #4 · answered by zoomzoom 2 · 0⤊ 0⤋
Sue the other driver to recover real costs and take whatever hit happens with his own insurance issues. The two should be treated as seperate issues.
2006-11-16 16:17:30 · answer #5 · answered by Madkins007 7 · 0⤊ 0⤋
you will desire to pay on your individual automobile, finally. If the driving force became excluded from coverage, then the coverage of the owner does not pay on your automobile. Your perfect guess, is to report the declare inclusive of your coverage company. they might desire to say no the declare, in writing, earlier the potential of your chum's coverage masking your automobile. So, first step - placed the declare in on your individual coverage.
2016-10-15 15:57:31 · answer #6 · answered by alyson 4 · 0⤊ 0⤋
he may get caught w/out insurance of his own risky - but that sucks
2006-11-16 16:18:13 · answer #7 · answered by illinois_girl_1973 3 · 0⤊ 0⤋