Am i the only one who thinks that people who have no insurance have no business even being on the road? It's so stupid that where i'm from, and the way i carry myself, it makes it so crazy for people like to me to have to deal with pieces of trash who choose to drive with no insurance!
Last month, i was in an accident. I was driving down a street and missed my turn. I was taking a passenger home when this happened. So i went down a street, pulled into a driveway, and pulled out into the street. There was a car coming from about 200 feet away. The thing to do in his case would be to stop, right? WRONG! This "person" plowed right into my passenger door and put a nice bend in my car! After estimates, it's gonna cost me about $600 just to get my car fixed! Now, to add insult to injury, the guy who hit me had no license, insurance, or registration! When i went to file a report, the cop told me it was my fault 'cause i was in the way! Should i be at fault for this?
2007-02-13 05:36:45 · 8 answers · asked by Nate 5 in Cars & Transportation ➔ Insurance & Registration
Technically you are at fault, regardless of how far the person is away from you. However, they could have been arrested for driving without a license or registration. A totally different matter though unfortunately.
Where I live, you are not allowed behind the wheel without insurance (at least liability). Crazy that people in some places are allowed to.
In this, I totally agree with you.
2007-02-13 05:42:15 · answer #1 · answered by artisticallyderanged 4 · 0⤊ 0⤋
Well, yes. A vehicle in the roadway has the right of way over a vehicle entering the roadway from a non-roadway (driveway, alley, etc.) This is independent of the status of the other vehicles registration, licensure of the driver, or the presence of insurance.
The purpose of insurance is to mitigate ones liability (in the civic sense, but not in the criminal sense) in a traffic accident. All states in the US require a minimum amount of insurance be carried by a vehicle operator, but in truth if they choose not to, for what ever reason, they are simple being stupid. Lack of insurance opens oneself to complete liability in a civic case. In other words you would have to sue the individual to recover your losses.
Did you contact the PD and file the report at the scene, or later? A police report filed at the scene allows the officer to visually inspect the scene, and even issue citations to the other driver. This could help your case.
You might be able to sell your argument in a small claims court, since in 200 ft, the other driver should have been able to stop.
2007-02-13 13:55:31 · answer #2 · answered by Ken B 3 · 0⤊ 0⤋
Hi, wanna tell you that I am insurance claims executive and we in Claims Dept have heard your kind of story countless times. You are right and justify in feeling angry. But unfortunately, that's just the way it goes with the law regarding motor vehicle. The whole purpose is just to protect the legal liability to any third party and not the owner of the vehicle. And the worst part is, Nate, that after hearing your story, if you are what you said, pulling out into the street, then is this guy who knocked you were on the main road? If he is, then I'm afraid the cop may have right because there is such a thing as 'right of way' and if a person who comes out of a junction into the main road and gets knocked it is still this person's wrong because the right of way belongs to the other person. I'm sorry, man, that this had to happen to you.
2007-02-13 13:54:21 · answer #3 · answered by Skystryfe 5 · 1⤊ 0⤋
If you were backing out into the street then it is your fault.. The smart thing for him to do would have been to stop but you shouldn't assume that someone coming down the street will. Turn it into your insurance company but you caused the accident.
2007-02-13 13:40:54 · answer #4 · answered by CctbOh 5 · 0⤊ 0⤋
Technically speaking if you joined a throrough-way where there is oncoming traffic it's your fault.
However, because the person who hit you has NOTHING going in their favor I think your case may turn out a bit different.. particularly because they had NO LICENCE!
Kiddo, I've been there before... I know it's a piece of crap situation but sh*t happens to the best of us!
Grin, and bear it. I don't know how much your deductible is but if it's $500.00 and damages are $600.00 don't even get them involved. You'll risk rising insurance rates on top of everything. For a hundred bucks it ain't worth it.
2007-02-13 13:53:57 · answer #5 · answered by rob1963man 5 · 0⤊ 0⤋
Hate to break it to ya, but you're at fault. The fact the other guy has no license, no insurance, or registration is irrelevant.
2007-02-13 23:55:58 · answer #6 · answered by bundysmom 6 · 0⤊ 0⤋
I've got a friend who has no passenger door, but he says that it keeps him nice and cool in the summer. I wouldn't worry about it too much unless you plan on growing dope in the back seat, then you'll need a kitty to keep the squirrels from p*ssing on your dope plants.
2007-02-13 13:57:35 · answer #7 · answered by Oscar LeRoy 2 · 0⤊ 0⤋
Technically YES! However you could go to trial and have a judge decide. Laws very from state to state.
2007-02-13 13:41:17 · answer #8 · answered by l_romanmd 1 · 0⤊ 0⤋