Hit by a car with no insurance

[csphdsteve]

What is the name of your state?What is the name of your state? New York.
I was driving straight on the highway (in the left lane) and was hit by another driver trying to cut me off (overtake me). My car was hit in the front right hand side and then the other car spun around and hit me head on. The other driver claimed I hit them knowing that it was their fault. No one was hurt. Now apparently the person does not have insurance but presented a false insurance card to the police officer at the scene - it was not for that car. The police report states both our stories. He is claiming I hit him. I claimed he hit me. I took pictures to show I did not leave my lane. I know I have to take them to small claims court but does it make him at fault automatically since he has no insurance since it is against the law in the state of new york? What is the likely outcome of such a case?

Thank you

 

[Shay-Pari'e]

(QUOTE)does it make him at fault automatically since he has no insurance since it is against the law in the state of new york? (QUOTE)

No.
What has your insurance company ruled on this?

 

[Tina Rodriguez]

I could say if your story is true, he made an unsafe movement to the left. This is a vehicle code violation. I am from California so I could not tell you what it is for NY. However, your ins company will argue this in civil court if it every leads up to it. Or even further in some form of a DMV hearing if it ever leads to that. Normally you get an attorney who will handle this and not get paid until you get paid. Thats is why he gets the big bucks for. Good Luck

 

[teflon_jones]

No, it doesn't him at fault for not having insurance. File it with your insurance company and let them deal with him.