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-   -   "no fault" accident? (https://www.askmehelpdesk.com/showthread.php?t=67227)

  • Feb 27, 2007, 05:14 PM
    tornadoalli
    My Son was in a car accident. At the time of the accident he was ticketed for fail to yield. The street had no stop or yield signs so since he was at the right he got the ticket. They were both at fault. What my question is the officer at the scene informed my son that Kansas is a no fault state. What exactly does that mean in regards to damages to the vehicles? Also after contacting my insurance company I found that our insurance had expired 2 months earlier. The other party was ticketed for no proof of insurance at the site. What are we liable for since my was ticketed for fail to yield?
  • Feb 28, 2007, 10:14 AM
    landlord advocate
    Quote:

    Originally Posted by tornadoalli
    My Son was in a car accident. At the time of the accident he was ticketed for fail to yield. The street had no stop or yield signs so since he was at the right he got the ticket. They were both at fault. What my question is the officer at the scene informed my son that Kansas is a no fault state. What exactly does that mean in regards to damages to the vehicles? Also after contacting my insurance company I found that our insurance had expired 2 months earlier. The other party was ticketed for no proof of insurance at the site. What are we liable for since my was ticketed for fail to yield?

    A "no fault" state means that if the person who is at fault does not have insurance, that the person who is not at fault will have the cost of repairs paid by his own insurance company. The insurance company will then file suit against the owner of the automobile which was at fault. You are missing the big picture. If your state requires insurance and you do not have it, you better get it before going to court. There is a 5 year auto suspension for driving without insurance. The only way to get the license back is to show insurance. Thereafter you will be required to show insurance coverage every 6 months.

    As to the other person, if he has insurance, he will bring the paperwork to court and the case against him for being unable to show insurance will probably be dismissed.
  • Feb 28, 2007, 11:09 AM
    ScottGem
    No Fault refers to insurance coverage and the right to sue, not to blame for the accident. If your son was ticketed for failure to yield, then it would be deemed he was to blame.

    Since you were uninsured, the other driver's insurance (assuming he is covered) will pay the repairs then go after you and your son for reimbursement. I hope there wasn't too much damage since you are going to have to pay.

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