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fail to stop/moms car has no insurance

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linsey in AK

Junior Member
State of Alaska

My husband, daughter, and myself catch a ride to visit my mother for christmas because our truck is in the shop for major work and of course has no insurance on it until we get it back and start driving it again. Upon arrival my mom declares that since she has been hospitalized for several weeks due to back injuries, the best gift we can give her is to take her car to the car wash and detail it for her and check the fluids, fill it with gas etc. because she is still having problems getting around and it has been sitting undriven (outside) for over a month and she is concerned about water in the gas etc. Because she has a lienholder, she has full coverage insurance and promptly shows my husband the 6 page insurance packet she has from her insurance company showing proof of coverage, her down payment made in their office, and a policy period from june 27 2005 to dec 27 2005 payed by auto pay through her checking account.

We gladly agree and my husband, daughter and me head for the gas station just up the road two blocks from her house. As we approach the stop sign leaving her subdivision my husband quickly discovered that even at five miles per hr, on an uphill incline, in 4-wheel drive we are not going to get stopped as we watched the person in front of us slide through and barely avoid an accident himself. My husband shifted the auto transmission into neutral as a last ditch effort to stop and we STILL slide 2 feet into the first lane of 2 lanes of oncoming traffic. Thankfully the person in the lane closest to us is going slow and comes to a stop without hitting us. The vehicle behind her swerves into the far lane driving to fast to stop and cuts off the vehicle in the other lane causing them to swerve, hit the center meridian plowing down a street sign, and ultimatly ending up facing the wrong direction on the other side of the highway before coming to a stop.

The police responded and issued my husband a fail to stop ticket and when they tried to verify my mothers insurance info found, that she had been cancelled, without notification to her or her leinholder for non-suffiecent funds 3 months prior because they tried to collect her full six month premium in one payment instead of the payment plan layed out in her policy and signed by both her and the agent/broker! The police officer told my husband that because it was my mothers vehicle and insurance covers the vehicle not the driver she would let us go instead of impounding the vehicle and arressting my husband on christmas.

Meanwhile the officer never gave us the other drivers contact or insurance info or citied us for an accident so we assumed that since we never actually hit another vehicle and had disscussed the poor road conditions and numerous accidents happening all over town due to maintainance on christmas day with the officer that if we payed the tickets for no proof of insurance and fail to stop which said they did not require a court date if pleading no contest that that would be it. NOT SO!

3 days later the girl that hit the meridian avoiding the vehicle that cut her off but never stopped, (MERRY CHRISTMAS YOU JERK!)calls me at home to say that the other officer who took care of her also failed to give her our contact info and she had to go to the police station and pay $6.00 for what she called a supplemental report? She told me that she contacted her insurance company and that they told her she was on her own because she only had the minimum liability coverage and no uninsured motorist coverage either. I asked for the name of her insurance company, claim number and policy number after she gave me the info I tried to contact her carrier to find that they are based out of Texas and could not find a phone number to reach them at. When i called her back to get more info and a number she got defensive and said it was 100% our fault and she wanted us to fix her vehicle immediatly!
So i plan to go and get the "supplemental report" and see what she was citied for if anything or if she even could show proof of insurance herself?
Friends have said that maybe because of road conditions and the fact that we never actually had contact between vehicles each officer may have considered us equally responsible for driving to fast for road conditions or if she didnt have insurance either maybe each driver was ticketed for no proof of insurance and that was that?
Any advise or reccomendations would be greatly appreciated. Sorry about the length but i have been up since 10 pm AK Time reading different posting hoping for a similiar situation or answer and now it is 7am and I am so tired it all seemed like relevant info.

Thanks Again :eek:
 


lwpat

Senior Member
She can sue you for the damages and it will be up to a judge/jury to decide if you were negligent. She can sue your mother since she owned the car and your husband since he was driving. From your post it sounds like she doesn't have much of a case.
 

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