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bigred5766
Mar 20, 2007, 11:35 PM
I live Missouri. I was in a accident it was not my fault! I was making a left trun and the lady cross the two yollow lines and hit me in my left rear trie, slid into my cab. I have a ford ranger. I did not have insurance. Now the insurance is calling me saying I'm at fault because I did not insurance. Is this true.

excon
Mar 21, 2007, 05:26 AM
Hello big:

No. The person who caused the accident is at fault. Tell them that you're going to get an attorney, and I'll bet they'll change their tune.

excon

ScottGem
Mar 21, 2007, 05:43 AM
Whether you have or don't have insurance has no bearing on fault. However, from your description its hard to tell where fault might lie. You refer to your "left" rear tire, but is that facing the car or away from the car. Usually one describes position on a car as passenger side and drivers side. So, if you were hit on your passenger side while making a left turn, than means you turned INTO oncoming traffic. If you were hit on the drivers side, that would indicate you were crossing lanes while making the turn. In either case, you might be at fault.

Was a police officer called to the scene? Was a police report filed? Were there any witnesses?

Bottom line here, is if the other driver's insurance refuses to pay, then you will have to sue them. So you need to consult with an attorney who can advise you whether fault is clear or not. But your insurance status has no bearing on that. Only the facts of the accident.

By the way, if you do sue, don't be surprised if the other driver and their insurance company counter sues you for the damages to the other car.

bigred5766
Mar 21, 2007, 11:58 AM
Thuck you for your answer.it was my driver side and the police was call.She got the tickets! Yes I need a attorney.

ScottGem
Mar 21, 2007, 12:09 PM
Ok, so you have a police report. Does the police report say anything about fault? What was she given tickets for? Did you not get a ticket for an uninsured vehicle?

I'm still having a hard time picturing how you could be hit on the driver's side near the rear while making a left turn. The only way I can envision this is if she was heading in the opposite direction that you were turning into. For example if you were heading north and turning east and she was heading west. For it to be her fault would mean that you either had a light and she ran it or she ran a stop sign while you were in the process of turning.

I raise the issue, because if I have a hard time envisioning it then I can imagine the insurance adjuster having a similar hard time. And they might know more about the actual circumstances then you have told us.

But that's why you hire a lawyer.

bigred5766
Mar 21, 2007, 12:42 PM
I was going north on 92 highway, was making a left turn into a driveway and she was behind me and she try to pass me on the left crossing the two yollow lines the impact of her car was the passager side which hit me in the driver side, starting from my rear tirer then slide into my cab.

ScottGem
Mar 21, 2007, 12:48 PM
And you WERE signalling? Generally, when being hit from behind it is the other persons fault. When you say she crossed the 2 yellow lines, you mean going ito the southbound lane that you were crossing to enter the driveway? Sounds like she didn't see you signalling (assuming you were) and hit the brake when she saw you turn so she swerved into the southbound line but couldn't stop enough so she hit you.

If that's the case, I'll bet the insurance company will claim you didn't signal.

bigred5766
Mar 21, 2007, 12:53 PM
Yes

ScottGem
Mar 21, 2007, 12:56 PM
yes

Yes what? You were signalling? They are claiming you didn't? She swerved to avoid you but couldn't stop in time? All of the above?

Fr_Chuck
Mar 21, 2007, 01:03 PM
Ok, insurance companies often refuse or deny the claim when it is first made ( assuming you have filed a formal claim with them)

And once they find out you don't have insurance, they figure three things,
1. you don't have much money so you most likely can't afford an attorney
2. you will be easy to fool
3. you don't have your insurance to turn this in to and allow them to sue for you.

So they will merely tell you it is not there fault.

Depending on how much the damage is, you can sue the other driver, and list their insurance company if the damages is under the amount for small claims court, there you can just present the police report showing them at fault ( assuming it shows that) and then you should easily win.

If it is over the limit for small claims, you need an attorney to file suit for you in court

bigred5766
Mar 21, 2007, 01:17 PM
No! They are saying that I was making a u-turn or a rigth turn . That why she was passing me on the left side, cross the two yellow line,yes we both crossover into on the southbound lane. I was making a left turn and she was passing me on the driverside. Yes I had my signal on

campuskatz
Mar 27, 2007, 08:56 PM
i live missouri. i was in a accident it was not my fault! i was making a left trun and the lady cross the two yollow lines and hit me in my left rear trie, slid into my cab. i have a ford ranger. i did not have insurance. now the insurance is calling me saying im at fault because i did not insurance. is this true.
Check the accident report to see if it mentions who is at fault. Also, was anyone ticketed for the accidnet. Uusually, if osmeone is ticketed that individual is the one at fault. Also, check the phone book for lawyers that offer free consultations and give one a call to discuss your situation. Good luck.