• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Car Accident/No insurance

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Mbarr77

Member
State: South Carolina

A good friend of mine was recently in an accident on private property, at a gas station. He was turning into the gas station, and was hit in the driver side by someone that did not see him turning in. Because it was on private property the cop listed it as no fault. At the time his insurance had lapsed. He is now receiving a letter from the other parties insurance company stating that he is responsible for the accident, and they are requesting he pay them back for all damages to the others car. Is there anything he can do to fight this, or does he have to pay them?
 


Happy Trails

Senior Member
Mbarr77 said:
State: South Carolina

A good friend of mine was recently in an accident on private property, at a gas station. He was turning into the gas station, and was hit in the driver side by someone that did not see him turning in. Because it was on private property the cop listed it as no fault. At the time his insurance had lapsed. He is now receiving a letter from the other parties insurance company stating that he is responsible for the accident, and they are requesting he pay them back for all damages to the others car. Is there anything he can do to fight this, or does he have to pay them?
If he was at fault for the accident, then he is liable for the damages.

The other party could take legal action and if they are able to prove your friend was at fault, then they would be awarded a judgment against your friend.

So he can wait to get sued if he feels he wasn't at fault or he can take care of his responsibility if he was.
 

Mbarr77

Member
Happy Trails said:
If he was at fault for the accident, then he is liable for the damages.

The other party could take legal action and if they are able to prove your friend was at fault, then they would be awarded a judgment against your friend.

So he can wait to get sued if he feels he wasn't at fault or he can take care of his responsibility if he was.
But, he was not at fault, and noone was ticketed for the accident. He was hit by the other driver who was cutting through the parking lot, and not paying attention. Not sure how they could prove he was at fault as there were no witnesses, and no tickets given.
 

Happy Trails

Senior Member
Mbarr77 said:
But, he was not at fault, and noone was ticketed for the accident. He was hit by the other driver who was cutting through the parking lot, and not paying attention. Not sure how they could prove he was at fault as there were no witnesses, and no tickets given.
It is a civil matter between your friend and the other driver. They will have the burden of proving that your friend was at fault. If they can't do that then they will not win a judgment.

The other driver must feel that your friend was at fault. If he does get sued, the plaintiff will give testimony to the judge as to why he/she feels it was his fault. Your friend will be allowed to defend himelf. Then the judge will decide if there was any liability and to whom it belongs.
 

Mbarr77

Member
Happy Trails said:
It is a civil matter between your friend and the other driver. They will have the burden of proving that your friend was at fault. If they can't do that then they will not win a judgment.

The other driver must feel that your friend was at fault. If he does get sued, the plaintiff will give testimony to the judge as to why he/she feels it was his fault. Your friend will be allowed to defend himelf. Then the judge will decide if there was any liability and to whom it belongs.

Thank you for the information! I appreciate your help
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top