by Pitsy43 » Wed Sep 10, 2008 03:31 pm
My fiance was driving my car when he made a left turn at a green stop light. An oncomming car sped up to make the light and hit him in the rear, behind the back tire. I know in general he would be at fault, but the other car had no insurance, so in the state of New Jersey, should not have been on the road. My insurance company is attributing 75% of fault to us. If it were 50% or less, we could get coverage without the deductible. Shouldn't a person without insurance be more at fault if they were not supposed to legally be on the road?
Posted: Tue Jun 08, 2010 03:00 pm Post Subject:
I sat on a jury with the same set of facts. I wasn't entirely convinced that the CHP officer (whose partner did not testify) was accurate in his testimony, but the law is the law and in the absence of compelling testimony from the defendant and his witnesses, we eventually found the defendant guilty.
It was a troubling case.
Posted: Wed Jun 16, 2010 04:33 pm Post Subject: insurance
Wow, MAX!!........I bet it had to have been difficult to make a decision. SO many things 'we' want to make decisions on feelings, instead of facts.
Posted: Thu Jun 17, 2010 12:46 am Post Subject:
It was difficult. On first vote, it was 8-4 to convict. The next day, when we returned to deliberations after lunch, one of the jurors was drunk! Had to toss him off the panel and install one of the alternates, and begin deliberations all over again. Eventually convicted -- based on the reading of the Vehicle Code, but no one was really happy about it.
Posted: Mon Oct 17, 2011 05:19 pm Post Subject:
I WAS DRIVING SOMEONE ELSE'S CAR AND GOT INTO AN ACCIDENT. IT WAS THE OTHER PERSONS FAULT, BUT I HAVE NO INSURANCE DOES ANYONE KNOW WHAT HAPPENS
Posted: Mon Oct 24, 2011 03:43 pm Post Subject: CA accidents
Can an uninsured motorist sue an insured motorist who is 75 % at fault for the accident? They want to sue us for the property damage that is not covered in our policy.
Posted: Tue Oct 25, 2011 05:07 am Post Subject:
Yes they may choose to sue you, because even you are not covered to pay for his loss. Since you don't have PD liability insurance, both of you are in the same boat, i.e. uninsured. Thus, the at fault driver pays, plus, both uninsured drivers get tickets or penalized or end up with suspended license for breaking driving rules.
Posted: Tue Oct 25, 2011 05:17 am Post Subject:
To Guest, if the accident took place in no fault state, then the car owner's insurance pays or else the at fault driver's insurance pays.
It is always advisable that you drive someone else's car (if driving quiet often) with a non-owner's auto insurance to protect yourself against any liability costs that you may incur in any accident.
Posted: Wed Feb 15, 2012 08:45 pm Post Subject: uninsured driver
My husband was involved in an accident where he was uninsured. The police found that they could not determine who was responsible; therefore each were liable. There were no witnesses and the only person hurt did not wear a seat belt. Now my husband's being sued for medical damages and pain and suffering. The couple is claiming he was reckless yet other than being uninsured there's nothing that suggest he was reckless. The couple are in their eighties and had no seat belt. Is ity possible for him to counter sue, despite not having insurance? Are both parties liable like the police determined? Not sure if it helps, but we reside in Indiana.
Posted: Wed Feb 15, 2012 08:46 pm Post Subject: uninsured driver
My husband was involved in an accident where he was uninsured. The police found that they could not determine who was responsible; therefore each were liable. There were no witnesses and the only person hurt did not wear a seat belt. Now my husband's being sued for medical damages and pain and suffering. The couple is claiming he was reckless yet other than being uninsured there's nothing that suggest he was reckless. The couple are in their eighties and had no seat belt. Is ity possible for him to counter sue, despite not having insurance? Are both parties liable like the police determined? Not sure if it helps, but we reside in Indiana.
Posted: Wed Feb 15, 2012 08:47 pm Post Subject: uninsured driver
My husband was involved in an accident where he was uninsured. The police found that they could not determine who was responsible; therefore each were liable. There were no witnesses and the only person hurt did not wear a seat belt. Now my husband's being sued for medical damages and pain and suffering. The couple is claiming he was reckless yet other than being uninsured there's nothing that suggest he was reckless. The couple are in their eighties and had no seat belt. Is ity possible for him to counter sue, despite not having insurance? Are both parties liable like the police determined? Not sure if it helps, but we reside in Indiana.
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