• This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn more.
  • FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I was uninsured at the time of accident

#1
What is the name of your state (only U.S. law)? Tennessee


On July 31 2016, I was involved in a collision in a parking lot. I was pulling into a parking spot, while the other vehicle was backing reversing into the same spot. The other vehicle's right rear bumper collided with my right front bumper. To quote the police report: "V1 WAS BACKING INTO A PARKING SPOT AT 430 N. WASHINGTON AVENUE. V2 WAS PULLING INTO THE SAME SPOT. V1'S RIGHT REAR BUMPERCOLLIDED WITH V2'S RIGHT FRONT BUMPER". I was uninsured at the time of the accident. I do not think I'm at fault but I'm by no means an expert on driving regulations. In May, I got a mail from Statefarm saying their client was not responsible so they will not be making any payment to me.

Yesterday, September 13 2017, I got a call from the insurance company, Statefarm, asking me to pay about $560 that was paid to the other vehicle owner - they had uninsured motorist insurance at the time. They threatened to ask the state to revoke my license. I'm confused as to what my next step should be.
 
Last edited:


#2
How you aren't at fault when you tried to pull into a spot already occupied by the car you hit is beyond me.

Paying should be your best option. Think of it as a late insurance payment.
 

Zigner

Senior Member
#3
How you aren't at fault when you tried to pull into a spot already occupied by the car you hit is beyond me.

Paying should be your best option. Think of it as a late insurance payment.
No, you misunderstood the scenario. The OP and the other driver were both trying to enter the spot at the same time. The OP was driving forward in to the spot, while the other driver chose to back in to the spot.
 
#4
You are right. I did misread that.

But that still leaves us with the who was at fault and that may be for the court to decide should the OP want to take it that far. The OP didn't mention either party was cited, and I wouldn't expect it in a parking lot accident such as this.

To the OP

Because you were uninsured at the time you will have to hire a lawyer to defend this or defend it yourself or, of course, just pay the cost. Keep in mind that the judge will likely take note that you were uninsured at the time and if they do you may still lose and still have it reported to the DMV.

I'd pay the money and get insurance.
 
#5
You are right. I did misread that.

But that still leaves us with the who was at fault and that may be for the court to decide should the OP want to take it that far. The OP didn't mention either party was cited, and I wouldn't expect it in a parking lot accident such as this.

To the OP

Because you were uninsured at the time you will have to hire a lawyer to defend this or defend it yourself or, of course, just pay the cost. Keep in mind that the judge will likely take note that you were uninsured at the time and if they do you may still lose and still have it reported to the DMV.

I'd pay the money and get insurance.
I'm sorry I forgot to mention that I was cited for not having insurance. I paid the ticket and I have since then always had insurance. We were both trying to get into the same spot - me with my front, the other vehicle in reverse. The agents at State Farm called me yesterday evening and were trying to pressure me into setting up a payment immediately or risk getting my license revoked. He said I was liable for the damage to his client's vehicle since I did not have insurance. I will pay, if I absolutely have to, but I do not want to be stiff-armed or bullied into making a payment. I agree I was in violation of the financial responsibility law by being uninsured, but it is up to the state to penalize me, not the insurance company. I thought that was what the citation was for. This again is just my opinion, I'm far from being a legal expert, and I'd appreciate your counsel.
 
#6
No, you misunderstood the scenario. The OP and the other driver were both trying to enter the spot at the same time. The OP was driving forward in to the spot, while the other driver chose to back in to the spot.
Yes, that was what happened. I got a citation for not being insured at the time. I paid it and have since always had insurance. Any advice will go a long way. Thank you.
 

Zigner

Senior Member
#7
I'm sorry I forgot to mention that I was cited for not having insurance. I paid the ticket and I have since then always had insurance. We were both trying to get into the same spot - me with my front, the other vehicle in reverse. The agents at State Farm called me yesterday evening and were trying to pressure me into setting up a payment immediately or risk getting my license revoked. He said I was liable for the damage to his client's vehicle since I did not have insurance. I will pay, if I absolutely have to, but I do not want to be stiff-armed or bullied into making a payment. I agree I was in violation of the financial responsibility law by being uninsured, but it is up to the state to penalize me, not the insurance company. I thought that was what the citation was for. This again is just my opinion, I'm far from being a legal expert, and I'd appreciate your counsel.
The status of your insurance (or lack thereof) has absolutely no bearing on your liability for the accident. You are right in that they are trying to strong-arm you in to this. In my opinion, based on your description of the accident (and as noted in the police report you quoted), you are not at all responsible for this accident. The backing vehicle has a duty to make sure they don't collide with anyone. With that said...can you stand up to them on your own?
 
#8
The status of your insurance (or lack thereof) has absolutely no bearing on your liability for the accident. You are right in that they are trying to strong-arm you in to this. In my opinion, based on your description of the accident (and as noted in the police report you quoted), you are not at all responsible for this accident. The backing vehicle has a duty to make sure they don't collide with anyone. With that said...can you stand up to them on your own?
Thank you for responding. I'm pretty certain they have lawyers who can find loopholes in court and make me pay; that's my fear. I'd honestly much rather pay $560, than incur avoidable legal fees (I also fear if this went to court and they won, they'd make me pay their legal fees). This is my conundrum. I may be overthinking this. When they called me yesterday, they threatened to file paperwork to have license revoked if I did not set up the payment immediately, so I presume they have done that by now. I plan to call them today to ask for a copy of the paperwork they filed, so I can know their grounds. Once again, thank you for listening.
 
#9
While the person backing has a duty of care so does the OP. I see no reason to think this is as clear cut as you seem to think it is. It may well be decided 50/50 (or some other split) if it went to court which is where it would have to be decided if the two parties can't come to an agreement.

If it goes to court the OP will be paying for his own lawyer or representing himself. The other party will have a lawyer paid by the carrier.

To the OP...

You didn't mention damages to your car. Were there any and if so how much?
 
#10
While the person backing has a duty of care so does the OP. I see no reason to think this is as clear cut as you seem to think it is. It may well be decided 50/50 (or some other split) if it went to court which is where it would have to be decided if the two parties can't come to an agreement.

If it goes to court the OP will be paying for his own lawyer or representing himself. The other party will have a lawyer paid by the carrier.

To the OP...

You didn't mention damages to your car. Were there any and if so how much?
I do not have receipts for the repair to the damages to my car - in hindsight, I realize this was unwise. The damages to my car was a busted right trafficator lamp, a dent to the body of my car and a bumper that came off.
 

Zigner

Senior Member
#13
http://law.justia.com/codes/tennessee/2010/title-55/chapter-12/55-12-105

I'd make them take you to court, even if it means you have to make a deposit to the court for the amount of the damages in order to avoid license suspension.
 

Zigner

Senior Member
#14
Please, if you don't mind, do explain how they have "have me over a barrel" because I did not have insurance at the time.
In a nutshell, it all depends on how willing you are to fight this. Read the link I posted, it will explain the financial responsibility law in your state.
 
#15
In a nutshell, it all depends on how willing you are to fight this. Read the link I posted, it will explain the financial responsibility law in your state.
Thank you very much for your help, Zigner. I read the link and will wait for the notice of revocation. Hopefully, I can request an administrative hearing and make a case for myself. I appreciate your not being judgmental.