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    ricky24's Avatar
    ricky24 Posts: 1, Reputation: 1
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    #1

    Jan 7, 2012, 12:18 AM
    Hihead on collision who's fault?
    Hi my name is ricky I live in missour I was driving tonight down the hwy at about 55 when all the sudden I saw lights on both side s it was very dark and I could ent see because the head lights then I relize there not move so I slam on my breaks they lock up and I hit a truck head on in my lane ture out there was a wreck and this guy was tryen to pass my car is totaled and his bumper bent he said he just bought it and dident have insrance but he dident get a ticket who fault is this there were no sign s of a wreck it was dark I just coulent see plea help
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Jan 7, 2012, 04:50 AM
    If you collide head on in your lane it's the other person's fault, but you have to have witnesses. Do you? What do you mean he didn't get a ticket? Were the cops called, or were they there (doesn't sound like it since you say you couldn't see)? Did you get his license and registration?

    You can still sue him, but if he doesn't have insurance, he might come under your Uninsured Motorist Coverage. Suing outside of car insurance coverage is expensive, unless you can use Small Claims Court. Again though you need witnesses or a police report.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jan 7, 2012, 07:06 AM
    It's not totally clear, Ricky, but are you saying that the other motorist had been in a wreck with a third vehicle?

    At any rate, the first thing you should do is to contact your insurance company to see what your options are. As Joypulv says, you might be covered by the uninsured motorist coverage of your policy. In that case, the only reason you would need to sue the other driver would be if there is a deductible.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jan 7, 2012, 07:11 AM
    Oh. Now I understand:

    Quote Originally Posted by ricky24 View Post
    ... ture out there was a wreck and this guy was tryen to pass ...
    You are saying that it "turns out there was a wreck and this guy was trying to pass". Yes, he would be at fault, for changing lanes without making sure you were not too close.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 8, 2012, 08:58 AM
    I'm a liability investigator - without more, clear info it's hard to tell.
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