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12-27-2004, 05:08 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 5
| | | Accident involving revoked license/no insurance-who's fault?
What is the name of your state?What is the name of your state?Alabama, but the accident occured in Mississippi. Probably will be determined my liability. Patrolman stated because he was driving on a revoked license and no insurance I would not be at fault. Is this true? My insurance carrier in AL is not looking at it that way. If it is my fault, can I file civil claim since he was in violation of the law. He was ticketed. |
12-27-2004, 05:15 PM
| | | | What facts would lead you to believe that driving on a revoked license would cause a wreck and thus not be your fault?
Assume for a moment that the other driver had a valid license and insurance.
Now, whose fault would it be? |
12-27-2004, 05:20 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 5
| | | He was driving with revoked license, not me. |
12-27-2004, 05:31 PM
| | Senior Member | | Join Date: Jul 2004
Posts: 4,431
| | | Just because he was driving illegally does not make him automatically 'at-fault' for the accident. |
12-27-2004, 06:11 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 5
| | | Does the law in Miss. and Al differ on this as implied by the patrolman? |
12-27-2004, 06:26 PM
| | Senior Member | | Join Date: Jul 2004
Posts: 17,799
| | | The patrolman may have cited the other driver for the obvious violations, however he didn't cite you because he didn't witness the accident and fault will be determined by someone other than him, possibly the other driver.
Now tell us what happened, the facts, not looking for ways to blame the other driver. Your insurance will deal with it. |
12-27-2004, 06:26 PM
| | Member | | Join Date: Dec 2004 Location: Southern California
Posts: 36
| | | I don't understand. He can obviously get into trouble for not having a proper license and insurance - but that has no bearing on who caused an accident.
If I was driving along and for no apparent reason decided to crash my car into Bill who was driving properly, but had no insurance, that's still my fault... |
12-27-2004, 06:30 PM
| | Senior Member | | Join Date: Jul 2004
Posts: 4,431
| | | If it did your insurance company would know this. (I have never heard of it.) One thing is for certain if the insurance company can find someone else liable for an accident, (and they wouldn't have to pay anything), they would be making the other party pay.
I know it doesn't seem right, if the guy wouldn't have been driving (because he shouldn't have been driving) the accident wouldn't have happened. But it doesn't work that way.
The one at-fault pays. Good thing you had insurance. |
12-27-2004, 06:57 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 5
| | | I was stopping on my road. He was turning across my path on to my road. Road wasn't marked, raining, night. We collided on his door, my fender. My damage was much less and his will require lots of repair.
Yes, it's a good thing I have insurance, cause he didn't since he had a revoked license he couldn't get it. If it is or isn't my fault, my insurance will pay one way or the other. UIM or collision will cover it, then up go the rates. My fault or his fault, my insurance rates will be higher--even if he was in violation of the law by driving w/o a license and insurance
Seems to me, insurance companies would lobby to make some changes in the laws when people are breakin a law and have accidents. Doesn't speeding, which is breaking the law. cause the accident to be the fault of the speeder?
I'm just pissed. If he hadn't been on the road as he shouldn't have been, there would have been no accident, no insurance claim, and probably no increase in rates in the future. |
12-27-2004, 07:06 PM
| | Senior Member | | Join Date: Jul 2004
Posts: 17,799
| | | You were stopped or needed to be stopped and failed to yield the right of way, yes you will be found at fault. Marked road or not, there are rules of the road. If it was raining, you needed to use more caution. BTW most people driiving on a suspended license try to avoid accidents to avoid getting caught.....
In the example of speeding, it is usually not the speeding that causes the accident, it is the failure to control the vehicle, failure to stop or failure to drive according to the conditions. Just like if you fall of a 10 story building, it's not the fall that gets you, it is the sudden stop. |
12-27-2004, 07:10 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 5
| | | And what "rule of the road" would driving on a suspended license and without insurance fall under? |
12-27-2004, 07:28 PM
| | Senior Member | | Join Date: Jul 2004
Posts: 4,431
| | Quote: |
Originally Posted by Musicden And what "rule of the road" would driving on a suspended license and without insurance fall under? | Falls under "Idiot Driver", and trust us no-one here likes them either. | |
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