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Smart Shopper Questions About Auto Insurance & Accidents
4410 messages, Last post on Nov 29, 2009 at 5:58 AM
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Replying to: jimmydc2 (Nov 23, 2008 6:34 pm) First, he can't counter sue you unless you sue him first so I assume he is just threatening to c/s you because you probably said you would sue him. In his situation I think this is an empty threat to scare you off, else he would sue first. If he does sue you, well, your insurer will have to pay. That's what insurance is for. Then I am certain your insurer would sic the authorities on him. I would relate all of this to him and give him one more chance to pay up. You have nothing to lose. Of course I could be wrong. |
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Replying to: jimmydc2 (Nov 23, 2008 6:34 pm) I'd also tell him you're not paying for his damages. If he wants to take it public and sue you, then that's his option and he'll have to go in front of a judge admitting he's not insured. A judge will throw the book at him for that, so I seriously doubt he will pursue this. And he'll be dealing with your ins co, not you. |
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Replying to: mikefm58 (Nov 24, 2008 4:53 am) I'm not a lawyer, but threatening to turn someone in, if they don't pay for an accident that wasn't their fault to begin with? That sounds like extortion.. 
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Replying to: mikefm58 (Nov 24, 2008 4:53 am) Just file a claim then to get your own car fixed under your comprehensive coverage and let your insurance company handle everything. They can figure out what they will or won't do for this guy. The court system is not about justice or fairness, get that out of your head. It's about maneuvers, in my opinion. For him to sue you is a very bad maneuver, and for you to personally go after him is a futile exercise IMO. Make a claim and forget about that deadbeat is my advice. Visiting Host
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| Irregardless of whether he was insured or not, you caused the accident. Not really a big deal, it wasn't a major one and accidents do happen. That is why you have insurance. Rather than try and get out of something that you should technically be responsible for, I would just let your insurance handle it. You hit him, caused a little damage and so now your insurance (what you pay them for) should take care of it.... | |
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Replying to: Mr_Shiftright (Nov 24, 2008 8:35 am) Good advice. I agree. |
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Replying to: mikefm58 (Nov 24, 2008 4:53 am)
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Replying to: jimmydc2 (Nov 24, 2008 11:11 am) |
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Replying to: jimmydc2 (Nov 20, 2008 11:16 pm) Now, there are states that have enacted "pay to play" laws that would in some twisted reality make you not liable for rear-ending another party when they have no insurance; however, even these laws do not make the uninsured party liable, they simply prohibit them from collecting from the negligent party (in this case: you). I'm all for people having insurance ... in fact, I'm all for impounding vehicles of people that do not have insurance. But the simple lack of insurance has no bearing whatsoever on your negligence while following too closely. My money is on your carrier paying and you getting dinged with an at fault accident. |
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straight, a poster (Driver #1) rear-ended another driver (Driver #2), and the rear-ended driver (Driver #2) was uninsured...so, Driver #1 thinks they are not at fault because the driver they struck had no insurance???...if my facts are correct, the post is beyond ridiculous...unless they cut you off, rearending someone will virtually ALWAYS place you at fault for causing the wreck, plain and simple... What usually happens, here in GA anyway, is that Driver #2 is also cited for failure to have insurance, which carries a fine here of $200-$1000...but that in no way changes fault in the wreck... That uninsured driver has every right to have their car fixed by the poster's insurance, and collect damages for any injuries suffered... In fact, aside from being cited for no insurance, the entire process should proceed as tho nobody knew they were uninsured...just because I have no insurance takes away NONE of my rights if you rear-end me...I have simply committed an infraction that causes me to pay a fine, but my rights against your negligence are unchanged, and, regardless of my insurance or not, you ARE at fault for my damages... Now, if I had struck you, everything would change, but that is not the the situation, if I understand correctly... I am amused at what folks will do to relieve themselves of their own carelessness...
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