Yesturday a woman crashed into my car that I hadn't have the time to get insuarance to and because I didn't have insurance she tried to blame it on me when it was really her fault. All of the witnesses around clearly saw when she hit the side of my car, and they gave me their information because they are willing to testify. The woman didn't want to call the police because supposedly she tried to help me, and I didn't call neither because I had never been involved in a car accident and because I don't know whether I have rights to fight my case. The only information I got from the woman was her licence plate number. I didn't have insurance at the time of the accident, but I have several witnesses; what are my chances of going to court and winning the case?
2007-03-25 08:37:40 · 9 answers · asked by Rubi 2 in Cars & Transportation ➔ Insurance & Registration
The reason that I don't have insurance is because I bought the car not long time ago and I haven't put in under my name yet... but my question concerns about the accident and not my reasons why I don't have insurance... I will really appreciate to get answers from people that really know about this and/or have been or known someone that has been in my situation... thank you.
2007-03-25 11:02:50 · update #1
You need to not listen to these sh*thouse lawyers. Spend $100 with a real lawyer and see what he thinks. Until then, use lexis on the net to look up your State's laws on the matter.
2007-03-25 08:48:07 · answer #1 · answered by steve.c_50 6 · 0⤊ 0⤋
There are two TOTALLY separate issues here.
1. Who is at fault in the accident
2. Your not having insurance
One has nothing to do with the other. Not having insurance does NOT make you at fault in the accident.
1, Accident fault is a civil matter between you and the lady. It's resolved on a "preponderence of the evidence" basis, i.e. everyone presents evidence and it's decided on which event is more likely based on that evidence. If you have a stack of witnesses that say you're not at fault, and she has nothing, you will probably win that IF you play your cards. (if you allow something to happen by default against you, you lose.)
2. Not having insurance is a matter between you and the State. The law says you gotta have insurance. If you don't that's a citation or misdemeanor. The woman has NOTHING to do with it and it's none of her beeswax!
Some people are nasty, sneaky and don't like to accept blame. You're young and inexperienced, so perhaps this woman is preying on your naivete. She will certainly "play up" the fact that you didn't have insurance, but the fact is, it has NOTHING to do with who's at fault in the accident.
It's possible you're not at fault in the accident, and also guilty of not carrying insurance. Okay. If so the lady will get nothing :) Though she might threaten to tell the cops that you didn't have insurance, which they probably won't investigate. Get insurance NOW and carry it NOW. This could have gone much, much, much worse. If you hurt someone and you have decent insurance, usually that party will accept what the insurance will give them. But if you have no insurance, nothing holds them back from suing you for millons of dollars. Not insurance = financial suicide.
2007-03-25 16:37:12 · answer #2 · answered by Wolf Harper 6 · 0⤊ 0⤋
You are screwed!!! All that matters is that you didn't have insurance, so whatever happens to you while on the road, you are at fault because you were driving illegally. If you have lots of time and money, you could try to persue it in court. But you will incriminate yourself for operating a motor vehicle on puplic roadways, without the government-madated insurance coverage.
Otherwise, you can hope that lady that hit you actually has morals, and does the honest thing and pays for your damages (because she know she cant drive). But I wouldn't count on it, cuz there aren't many people like that any more.
Hope the damage's weren't bad...
2007-03-25 15:45:14 · answer #3 · answered by Dudeman 3 · 0⤊ 0⤋
you will be liable for all damages. According to law, if you are not insured you do not belong on the road and there fore you are responsible or for wrecks you happen to be in. Hope you have a house of value. Law suits will be headed your way, possibly jail time w/ suspended licenses. My Son had the same problem, 1 year in jail still hasn't gotten licenses back after 4 years, and paying through the nose.
2007-03-25 15:42:20 · answer #4 · answered by spiritwalker 6 · 0⤊ 0⤋
Only the cops can decide who's fault it was. If they decide it wasn't your fault, then you don't need to have insurance to get your car fixed because the ladies insurance will pay for it. You might get a ticket from the police though since you don't have insurance.
2007-03-25 15:41:51 · answer #5 · answered by wildheart 2 · 0⤊ 0⤋
Depends on your state. HOPEFULLY for all of us who do pay insurance you live in a state that wont allow you to collect money if you dont have your own insurance.. we wont know though until you tell us your state.
What if you were at fault? How would you pay the tens of thousands of dollars in possible injuries and damages to cars? Do you know how much that would screw up your life? or are you that ignorant?
2007-03-25 17:37:19 · answer #6 · answered by la428282 6 · 0⤊ 0⤋
the accident is entirely a separate matter then whether or not you had insurance
2007-03-25 16:35:16 · answer #7 · answered by just hanging around 5 · 0⤊ 0⤋
if you dont have insurance it is always your fault, when it comes to damages that is...without it you have no rights because you were breakin the law
2007-03-25 15:41:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
just tell them you are an illegal alien and they will likely give you a new car, health and car insurance, and a new house
2007-03-25 15:47:08 · answer #9 · answered by Anonymous · 0⤊ 0⤋