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Smart Shopper Questions About Auto Insurance & Accidents
4421 messages, Last post on Dec 04, 2009 at 1:26 PM
You are in the Smart Shopper Forum. Your Hosts are kirstie_h & tidester
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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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Replying to: marsha7 (Nov 28, 2008 2:02 pm) |
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Replying to: marsha7 (Nov 28, 2008 2:02 pm) -mike Subaru Guru and Track Instructor |
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make sense...my failure to have insurance as the lead car does not alter your responsibility for rear-ending me...my lack of insurance in no way caused your negligence in failing to stop before striking my rear...that, to me, is common sense, but we all know that some state's laws have no common sense... After all, their laws are usually written by...........................LAWYERS!!!!! 
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Replying to: marsha7 (Dec 01, 2008 8:40 am) 
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Only a fool would beleive in a "non-insured tractor beam"...I cannot believe the silliness expressed by this poster... Now, if you will excuse me, I will beam myself up to the courthouse where I will confer in high legal terms, incomprehensible to a layman like you, with Kirk, Spock, Picard and Data... I will leave you now, at Warp Factor 7, as I have run seriously low on our supply of Di-Lithium Crystals...  
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Replying to: marsha7 (Dec 01, 2008 10:49 am) Steve, just a visiting host
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Replying to: marsha7 (Nov 28, 2008 2:02 pm) Determination of Fault, otherwise, is not the issue. It is not extortion either. It IS an opportunity for the uninsured to keep his license for the PRIVILEGE not deserved by being uninsured. |
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| Please understand, I am NOT justifying driving w/o insurance...I think the uninsured driver should be "hanged from the neck until dead" (as they say in the old westerns with a hanging judge, not to be confused with a hanging chad)...anyone driving w/o insurance should be fined the maximum, in the hopes that they will NEVER consider doing that again...plus, as a plug, that is why all those who DO have insurance, always have U/M coverage, in case you ARE struck by the idiot who is uninsured... | |
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