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I'm an uninsured (not at fault) driver that hit another driver in another state

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MichiganDriver

Junior Member
What is the name of your state (only U.S. law)? Michigan

Hi there. Today I was involved in an accident with another driver in Indiana. I am from Michigan. I did not have auto insurance at the time of the accident. The other driver was what I call "nudging" his way into a four-lane road to turn left from a parking lot (instead of going out where there is a traffic light), blocking the two lanes on my side of the road. When I saw him, drivers in the right lane had already stopped, I tried to stop but it was raining and my car slid into his, causing damage to both of our cars. At the end of the ordeal, the police officer ticketed me for driving without insurance but told me "I'm not going to fault you, because he shouldn't have been out in traffic like that."

First of all, I now understand how stupid it was to let my car insurance lapse in an effort to save a little money. The cop explained it to me in a much less polite manner, but I suppose I deserved it. After I had my car towed home (it is still driveable), I immediately got insurance coverage. I am a fairly smart person that learned a lesson today for doing something really dumb.

My question is, can/will this guy or his insurance company come after me for damages, even if he was at fault? His damage didnt appear to be severe (he drove away after all was said and done), and he did not appear to be injured. I can't access the accident report yet, but based on the officer's statement to me as well as me only receiving a ticket for no insurance, I'm still assuming he was deemed at fault.

I appreciate any help that could be provided here. I tried googling a lot of this, but because of the nature of the incident (i'm uninsured, but not at fault) and this happening in a different state, it was a little too complicated and I couldn't find a clear answer. Thanks in advance.
 


justalayman

Senior Member
My question is, can/will this guy or his insurance company come after me for damages, even if he was at fault?
Not sure how you determined it was his fault. Just because the cop didn't ticket anybody does not mean a lot. You will have to wait to for the police report to be completed. Then (and they are not always accurate either and are not the last word in fault). If the other driver's insurance believes you are at fault (if that driver has collision coverage), they will pay to repair his vehicle and then come after you. If the driver did not have collision insurance he can still sue you if he believes you are at fault.



to me is is fairly simple: if the guy was stationary, you are at fault. If he pulled into your lane and there was not time for you to stop, it was his fault.

when MI learns of your lack of insurance there is likely to be some penalties involved. It is illegal to have your registration in effect and not have insurance.

you also MUST file an sr-22 with Indiana DMV. I think you have 10 days to do so. Failure will result in your driving privileges in IN being suspended.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Michigan

Hi there. Today I was involved in an accident with another driver in Indiana. I am from Michigan. I did not have auto insurance at the time of the accident. The other driver was what I call "nudging" his way into a four-lane road to turn left from a parking lot (instead of going out where there is a traffic light), blocking the two lanes on my side of the road. When I saw him, drivers in the right lane had already stopped, I tried to stop but it was raining and my car slid into his, causing damage to both of our cars. At the end of the ordeal, the police officer ticketed me for driving without insurance but told me "I'm not going to fault you, because he shouldn't have been out in traffic like that."

First of all, I now understand how stupid it was to let my car insurance lapse in an effort to save a little money. The cop explained it to me in a much less polite manner, but I suppose I deserved it. After I had my car towed home (it is still driveable), I immediately got insurance coverage. I am a fairly smart person that learned a lesson today for doing something really dumb.

My question is, can/will this guy or his insurance company come after me for damages, even if he was at fault? His damage didnt appear to be severe (he drove away after all was said and done), and he did not appear to be injured. I can't access the accident report yet, but based on the officer's statement to me as well as me only receiving a ticket for no insurance, I'm still assuming he was deemed at fault.

I appreciate any help that could be provided here. I tried googling a lot of this, but because of the nature of the incident (i'm uninsured, but not at fault) and this happening in a different state, it was a little too complicated and I couldn't find a clear answer. Thanks in advance.
First, you are not going to learn any of the legal ramifications arising out of the incident by using a search engine.

Second, by operating your vehicle in the state of Indiana you submitted yourself to the personal jurisdiction of the courts of that state. Meaning that if the guy does decide to sue you, he can do so in Indiana. (He could also sue you in Michigan - his cause of action being transitory - but that isn't likely to happen unless he also resides there where it would be more to his convenience.)

Thirdly, the investigating officer's conclusion (verbal or written) that you were free from fault wouldn't mean squat should the guy decide to sue you.

The officer could testify as to what he observed as the physical imprint of the accident, but his opinion as to liability would be inadmissible in court as an intrusion upon the exclusive province of the fact finding body, i. e., judge or jury.

Lastly, the presence or absence of liability coverage (yours or his) would be a non-issue with respect to the question of tort liability.

The risks here should be obvious to you. Which are that he could sue you with some trumped up claim for property damage and/or personal injuries forcing you to contest the claim in Indiana or suffer a default judgment that could be domesticated and enforced in your state. Not a desirable prospect I'm sure.
 

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