<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Robyn42499:
my husband was involved in an automobile accident and it was the other person's fault..a police report was filed and he said "it was my fault...I just did not see the car" The only thing is that at the time we were unfortuanetly between insurance coverages...I want to know will my car be paid to get fixed by his insurance company? or will it automatically be my husbands fault because we did not have coverage? Also what kind of trouble and fines are we looking at since he did not have coverage?
Any info is greatly appreciated!!<HR></BLOCKQUOTE>
Under Texas law, a traffic collision report is not considered evidence; rather the writings of the reporting officer are considered "hearsay." However, the statement of the other person regarding "fault" will undoubtedly carry a certain amount of "investigative" weight with his insurance company, that could tip the scales in your favor. The unfortunate part about this is that you're at the mercy of the other insurance company while waiting to have your car fixed; e.g., waiting for them to complete their investigation, and waiting for them to accept liability for their driver. Theoretically, you could be waiting many, many months before your car is repaired, and you may wind up having to sue the other driver and proving his liability in court, despite what the Collision Report says.
In Texas, under the Transportation Code, with regard to his failure under the "Financial Responsibility" statutes, your husband will be fined $500.00 and suffer a minimum 2 year license suspension, and the only way to regain it back after the 2nd Anniversary of the accident, is to prove to the Department that he has satisfied the Financial Responsibility laws.
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