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accident other person at fault

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Robyn42499

Guest
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!!
 


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lars coltrane

Guest
First, insurance or lack of it is not a factor for determining fault in an accident. If the other driver was at fault and covered, make a claim against his insurance.

The penalty for driving without coverage depends upon your state. What state are we discussing?
 

I AM ALWAYS LIABLE

Senior Member
<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>

My response:

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.

Good luck.

IAAL



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Robyn42499

Guest
we live in Texas, and thank goodness we were fortunate that our policy was not cancelled..
I do have another question though..we have the same insurance company, so there is not really any way for the two sides to fight each other right....????

Thanks for the previous advice
Robyn
 
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Robyn42499

Guest
also I forgot to mention that he is from California..will this be a problem...this is our first accident so I'm alittle new at all this...


thanks again
Robyn
 
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lars coltrane

Guest
First, glad to hear that you had coverage. The fact that you both had the same carrier really does not matter. Technically, the claims are to be handled seperately.

It does not matter that the other driver is from CA. Go ahead and make the claim against his policy. Chances are they will assign the claim to an adjuster in your state for handling.

Good luck.
 
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Robyn42499

Guest
we are having some problems with the other person's insurance company, the man that hit us lives in California and was driving a rent car here in Texas...his insurance company is saying that are still having "coverage questions" because he was driving a car that was not on his insurance....that should not matter should it? he was driving a rent car, when you drive one of those are you not covered under your insurance....
what is going to happen do you think???? are we going to have to claim it on our insurance? which might in turn make our insurance rate go up due to the accident....
you have helped alot, so any more advice you can give it extremely appreciated..

Robyn
 

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