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cman1984 · Jun 22, 2012, 09:56 PM

We were in an accident in evansville, Indiana and the person has no insurance but they are saying it is our fault and disregard a stop sign but we were stopped at the stop sign and looked and nobody was coming and we start to go and the guy hits us. We have car insurance too but we want to know if it will be his fault.

ali18ninja · Jun 23, 2012, 12:51 AM

Did you call the police? The insurance will have made a report and your insurance company will take that report into account. Also, because it's illegal to drive without insurance, the other driver will have to appear in court to answer for that. Considering that they didn't have insurance, they are trying to avoid paying for your damages because it will come out of their pockets. So it's an obvious decision to blame you to avoid paying all that money. I would expect them to be at fault but it wouldn't be the first time someone would avoid paying when it was their fault.

ScottGem · Jun 23, 2012, 02:07 AM

Did you have uninsured motorist coverage? If you did, then just let your insurer handle. It. You don't describe the accident, but it sounds like you went to cross an intersection after stopping for a red and were hit by a car coming from the side. In that case, you may be partially at fault. If he was close enough to hit you, you should have seen him, so you failed to yield.

ali18ninja · Jun 23, 2012, 02:48 AM

Originally Posted by ScottGem

Did you have uninsured motorist coverage? If you did, then just let your insurer handle. it. You don't describe the accident, but it sounds like you went to cross an intersection after stopping for a red and were hit by a car coming from the side. In that case, you may be partially at fault. If he was close enough to hit you, you should have seen him, so you failed to yield.

I agree. Hopefully they do have uninsured motorist coverage.

Fr_Chuck · Jun 23, 2012, 04:28 AM

Ok you did not tell us about the wreck very much at all.

Did they have a stop sign, or did their side of the road just have traffic flowing ( moving)
If you stopped looked but pulled out and they had no stop sign, and you just did not see them, you were wrong and you are at fault.

If you both had stop signs and you stopped and they did not they are at fault.

But really does not matter what they claim, or you claim, the police report is what matters.

You turn it over to your insurance and let them handle it.

JudyKayTee · Jun 24, 2012, 03:19 PM

Originally Posted by ali18ninja

Did you call the police? The insurance will have made a report and your insurance company will take that report into account. Also, because it's illegal to drive without insurance, the other driver will have to appear in court to answer for that. Considering that they didn't have insurance, they are trying to avoid paying for your damages because it will come out of their pockets. So it's an obvious decision to blame you to avoid paying all that money. I would expect them to be at fault but it wouldn't be the first time someone would avoid paying when it was their fault.

I'm an accident investigator. The OP had a stop sign, "no one was coming," OP pulled out... and got hit. I see nothing to indicate that the driver had a stop sign and didn't stop, anything of that nature. I hear this all the time - "it was clear and I pulled out and got hit." Looks like OP didn't see the other vehicle.

How is that possibly the fault of the other driver? Not carrying insurance also does not mean the other driver was at fault for the accident.

I'm not saying the other driver didn't have a duty to attempt to stop, but I'm not seeing that he/she didn't.

I would expect the OP and/or his insurance company to have a claim filed against him/her.