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Home > Law > Other Law   »   Can I be sued

 
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Old Mar 14, 2007, 08:00 AM
rpollard
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Can I be sued

Can I be sued if the other drive I hit doesn't have insurance on their car and the car is 10 or more years older!!!!!!

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Old Mar 14, 2007, 08:04 AM   #2  
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The age of the car doesnt matter but isnt it a crime where you live to be driving uninsured. So think about it. Were you insured ?

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excon agrees: We have a mandatory insurance requirement here, but it's not a crime if you disobey the law - it's an infraction - BIG DIFFERENCE.
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Old Mar 14, 2007, 10:13 AM   #3  
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Hello r:

Who has or doesn't have insurance, or how old a car is, has nothing to do with who's at fault for the accident. Whoever IS at fault can be sued and will probably lose. The party who HAS insurance should report it to their company.

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Old Mar 14, 2007, 10:51 AM   #4  
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Of course they can sue you and most likely will sooner if they don't have insurance to pay for thier car.

Having or not having insurnace has nothing to do with who can sue, a person who is not at fault can always sue the person who is at fault.

And what does a age of a car have to do with it, they need to be paid for thier loss as well as a person with a new car

So what you do if you were at fault, you turn it over to YOUR insurance who will pay them for thier damges.
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Old Mar 14, 2007, 01:20 PM   #5  
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U probably cant be sueed. i think they''l end up being in trouble becuz its illeagle 2 be uninsured

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kp2171 disagrees: you should not give legal advice when you dont really know the answer!
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Old Mar 14, 2007, 01:24 PM   #6  
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In the uk (at least last time I had an accident) if you hit a car that isnt insured the driver of the car cannot sue you, as they are driving illegally. That is what my insurance company told us when my husband hit an uninsured car at a roundabout even though my husband was entirely at fault!
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Old Mar 14, 2007, 01:27 PM   #7  
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Still and all - the driver who hit the other car is at fault and will pay for damages. The other driver may or may not face any trouble for not having insurance - that is not the issue here.

(It is a law here too, in ND, that the driver has to have at least liability insurance in order to drive. But it is a law with no teeth. The person who registers the vehicle signs a piece of paper saying they have insurance and NO ONE checks on it. See it in the newspaper court news every day - all the uninsured motorist gets is a max of $150.00 fine, which often is suspended.)
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Old Mar 14, 2007, 02:19 PM   #8  
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as stated, what in the world does the age of the other car have to do with anything??? an older car is worth less in most cases, but cost versus liability? no connection.

and, as mentioned as well, driving without insurance, again, does not indicate liability for causing the accident.

now, you said you hit the other person, but that doesnt mean it was your fault. what happened? was there a report? what did it say? were you cited for failure to control or anything?
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Old Mar 16, 2007, 07:08 PM   #9  
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You really have two questions, 1) can I be sued if the car is an old car and 2) can I be sued in the other person doesnt have car insurance. --- I dont see how anyone can answer the 2nd question since your state of residence is not disclosed in the question nor in your profile. The answer to the first question is easy, it's irrelevant how old or new the car is that you hit. As to the 2nd question, here's why I dont see how anyone can answer ---- state laws vary from state to state and for example if you live in LA where there is a "no pay, no pay law" then you could have totally demolished their vehicle and since they had no insurance and the law there is intended to induce others to participate in the insurance system, then they have no right to collect from you, thus taking away their right to sue you for those damages to their vehicle even though you were at fault. You really need an attorney or someone that is familar with the law in the state that you live in assuming the accident occured in your state of residence. It's "generally" true that since you were at fault, you would be legally liable for their damages but we dont know enough from your question or your profile to give you an accurate answer. Also you didnt mention injuries that you might have caused?
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