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    tickmanmo's Avatar
    tickmanmo Posts: 1, Reputation: 1
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    #1

    Jul 13, 2007, 11:04 AM
    Car accident againts a driver who has no license and uninsured.
    I got in a car accident against a driver who has no license and uninsured. The accident happened when I ran a yellow in an intersection and I got hit on my right my car. Five months later I got a call from my insurance company that just told me that I can't win the case anymore for the fact that the other driver manage to have a witness and ruled that I ran a red light. If that was the case was it worth it to fight the case in court or if not am I still entitle for my uninsured motorist coverage
    modular01's Avatar
    modular01 Posts: 129, Reputation: 36
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    #2

    Jul 13, 2007, 11:06 AM
    Quote Originally Posted by tickmanmo
    i got in a car accident against a driver who has no license and uninsured. the accident happened when i ran a yellow in an intersection and i got hit on my right my car. five months later i got a call from my insurance company that just told me that i can't win the case anymore for the fact that the other driver manage to have a witness and ruled that i ran a red light. if that was the case was it worth it to fight the case in court or if not am i still entitle for my uninsured motorist coverage
    So the other driver had no drivers license and no insurance?
    It shouldn't matter whether it was your fault; the person shouldn't have been on the road. Is the other driver in jail? Who received the ticket?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 13, 2007, 12:29 PM
    Whether the other drive was licensed and had no insurance has almost no bearing on fault.

    If he has a credible witness that says you ran a red, then you are at fault. If the driver was inexperienced that might have a bearing on things, but not if the witness is credible.

    On the other hand, fault may not have a bearing on what your insurance pays. Depends on your coverage and what the policy states.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 13, 2007, 02:36 PM
    Ok, fault in a accident has nothing to do with him being licensed or insured. If you have been determined to be at fault, then your insurnce will pay for his car to be fixed, and if you have full coverage (collission insurnance) then your insurance will fix your car, if you have liablilty insurance only, no one will fix your car, you will just have to pay it out of your own pocket.
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