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tterrell06 · Sep 28, 2009, 02:19 PM

In geogria, I had an accident but neither driver was cited when cops came. My insurance had cancel but did not get cited for that either. I only found this out once I called the claim in. Now the other driver is trying to make me pay for the damage of there car! Is this right?

JudyKayTee · Sep 28, 2009, 02:51 PM

You are only liable for the damage - and it doesn't much matter what the Police did or did not do - if you are somehow responsible for the accident. It's impossible to know without knowing how the accident happened, what the witnesses say.

excon · Sep 28, 2009, 02:53 PM

Hello t:

Whoever is at fault should pay. It doesn't matter whether you're insured or not.

If you're NOT at fault, and it looks like you're saying that, tell the guy to sue you and let the judge decide.

excon

tterrell06 · Sep 28, 2009, 08:37 PM

Originally Posted by excon

Hello t:

Whoever is at fault should pay. It doesn't matter whether you're insured or not.

If you're NOT at fault, and it looks like you're saying that, tell the guy to sue you and let the judge decide.

excon

Thanks much Excon, and by the way I was not at fault. The cop could not make out who was at fault so neither one of us was cited. The bad thing is that there was no witness, so there insurance is faulting me!

nikosmom · Sep 28, 2009, 08:58 PM

The police report doesn't determine fault; nor does who did or did not receive a citation. The insurance companies have accident investigators who can re-create the scene if necessary. The can look at the damages of both cars in conjunction with the drivers' statements and figure out a lot about the accident.

If you're found to be at fault, then you are responsible for the damages whether you're insured. The thing about not having insurance is that you don't have anyone fighting for you so you're on your own and just have to hope things work out.

JudyKayTee · Sep 29, 2009, 05:29 AM

As I said earlier: "You are only liable for the damage - and it doesn't much matter what the Police did or did not do - if you are somehow responsible for the accident. It's impossible to know without knowing how the accident happened, what the witnesses say."

Nikosmom said it all -

I'm a liability investigator. Again, what the Police said/did/thought matters little. It's what the insurance company and, possibly, the Judge ultimately think that matters.

If OP doesn't want to post the circumstances of the answer, that's fine, but certainly no one can even GUESS at fault without knowing what happened.

ScottGem · Sep 29, 2009, 05:58 AM

In the absence of any witnesses to the accident, fault can be determined by comparing the testimony of the drivers with the forensic (condition of the cars) evidence.

For example, if you hit the other car at or near the rear of the car, then there is a strong likelihood that you can be considered at fault.

Without knowing the details we can't judge fault.