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insurance screw up

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gene2393

Junior Member
Idaho,

I was involved in an accident on December 6th, 2010 and I have been deemed at fault, which i don't understand because i was going under the speed limit and wasn't able to stop in time and when i did try the brakes locked up and i was unable to stop which then caused me to slide through an intersection and hit someone from behind who was at a dead stop (for an unknown reason). The vehicle i was driving belonged to my friend (who was in the passenger seat), anyways in all of this i have found out that she has had no insurance for going on 6 months, this is because her bank account closed back in April because of a simple mistake that she had overdrawn on the account, she then reopened it, from that time on she failed to pay her bill after a couple of months (expired the end of September). I guess my question is how can i make it so that she is liable for paying the restitution for the damages? My thing is that even when i told the officer at the scene that the car was not mine and it was the passengers he stated if i was driving that i had to insure it, even if it wasnt mine. So i guess im also asking what kind of things can I do that may help me to get the insurance ticket that i recieved from the accident dropped and all of that.

Gene
 


racer72

Senior Member
It is up to you, as the operator of a vehicle, to ensure that it is legal to operate on the road. You failed to to this meaning the ticket is valid. Nothing in your post suggests the ticket is not valid or improper.
 

Zigner

Senior Member, Non-Attorney
Idaho,

I was involved in an accident on December 6th, 2010 and I have been deemed at fault, which i don't understand
Oh, let me help you understand why you were at fault. The statement below pretty much sums it up:

i...wasn't able to stop in time and when i did try the brakes locked up and i was unable to stop which then caused me to slide through an intersection and hit someone from behind who was at a dead stop...
 

gene2393

Junior Member
I was deemed at fault for something that i had no control of, I had been unable to stop because of road conditions (if any of you have even been to Idaho then you may understand what i mean) the roads can look better than they actually are. I was also driving approximately 10 miles under the speed limit for the road because of slick roads and the traffic ahead of me was at a dead stop which then i came to a stop after sliding through the intersection, how can i be at fault if i was unable to stop because of what i had no control over and how can i be liable for the an insurance ticket for a vehicle that does not belong to me, it has not and will not have been registered in my name at anytime and yet im being blamed for o insurance on it.
 

Zigner

Senior Member, Non-Attorney
I was deemed at fault for something that i had no control of, I had been unable to stop because of road conditions (if any of you have even been to Idaho then you may understand what i mean) the roads can look better than they actually are. I was also driving approximately 10 miles under the speed limit for the road because of slick roads and the traffic ahead of me was at a dead stop which then i came to a stop after sliding through the intersection, how can i be at fault if i was unable to stop because of what i had no control over and how can i be liable for the an insurance ticket for a vehicle that does not belong to me, it has not and will not have been registered in my name at anytime and yet im being blamed for o insurance on it.
You were unable to stop because you were driving too fast for conditions. I know this without a doubt. How am I so sure? Because you were driving too fast to stop in time!
 

ShyCat

Senior Member
The speed limit is simply the maximum speed allowed, not the minimum speed. Nor is it the maximum safe speed for all conditions. You were driving too fast for conditions as evidenced by the fact that you were unable to stop. When conditions are less than ideal, you are required to slow down.
 

Zigner

Senior Member, Non-Attorney
how can i have been driving to fast if i was still going under the speed limit???
Shycat said it very well. Keep in mind that I didn't say you were exceeding the speed limit. What I said is that you were driving too fast for conditions
 

ecmst12

Senior Member
Honestly, if you don't know that you have to slow down in wet, snowy, or icy conditions, you really have no business driving at all.
 

justalayman

Senior Member
gene2393;2728604]I was deemed at fault for something that i had no control of
,Not at all. You were deemed to be at fault for failing to maintain control. It was within your power to drive so you would not lose control. You didn't; your fault.

I had been unable to stop because of road conditions
No, you were unable to stop because you were driving too fast for the road conditions.

. I was also driving approximately 10 miles under the speed limit for the road because of slick roads and the traffic ahead of me
then maybe 20 under was the more prudent speed.

Bottom line: you were in control of how the car was driven. You obviously were driving too fast for the conditions and as a result, caused an accident. That's your fault.

As a driver, it is your obligation to ensure the vehicle is legal to drive. Your failure to do so is, again, your fault.
 

gene2393

Junior Member
so your basically saying that even if i do not legally own the car that i can throw insurance on it.... so basically i could steal a car and insure is basically what you are saying.
 

ecmst12

Senior Member
You are at fault for causing the accident. The owner is at fault for failing to maintain insurance. You are BOTH liable for the damage.
 

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