If no one was cited in the accident can I be sued for the other person's damage to his car.

Question

I found that my insurance was canceled at the time of the accident. I have since reinstated it. He thinks I was at fault and I think it was his fault.

Gregory Crain · Answer

Yes.

Ronald A. Steinberg · Answer

You are not going to persuade him that he was at fault.  Without insurance you are going to have to hire a lawyer.

Stuart Nachbar · Answer

Yes, you can be sued and the Court will decide who is at fault.  This could be a problem for you if you did not have insurance at that time.  Please contact your carrier and see if it was reinstated to include the date of the accident.

Kevin Habberfield · Answer

Yes. Whether the police determine fault in a crash or not is irrelevant to the property damage claim.   Good luck.

Paul Whitfield · Answer

You have a classic he said/she said case. you have no coverage so it is in your best interests to sit down with the other dude and work it out.

Jeffrey Lapin · Answer

A person can be sued for causing an accident regardless of whether anyone was cited for the accident. 

There are a number of reasons why law enforcement may not issue a ticket. An example could be if both driver's were at fault for an accident. Law enforcement may choose not to issue a ticket to either driver. 

These drivers can still sue each other. As long as a person is less than 50% at-fault for an accident, he or she can recover, less their percentage of fault, from the other driver. For example, if one driver is 60% at fault and the other driver is 40%, and the case is worth $1,000.00, the 40% driver would recover $600.00.  

As to your situation, if you are sued by the other driver you can file a counterclaim against the other driver asserting that he was at fault.

A judge or jury would then determine who was at fault and if you prove the other driver was a fault, you would win on your counterclaim and receive money.  You may want to talk to an attorney to discuss your case and learn more about your rights and options.

Jared Altman · Answer

Yes. He can sue you.

Larry Klein · Answer

If the other person thinks you were at fault he could sue you.  To win the case he would have to prove that your were driving negligently and that that was the cause of the accident.  Even if you were driving negligently, if you could prove that the other driver was also negligent, that would reduce the amount he could recover by whatever percentage the other driver was negligent.  For example, if you were found 75% at fault for the accident, and the other driver was 25% at fault, the amount of his or her recovery would be reduced 25%.

James Kelaher · Answer

The investigating officer's duty is not to find "fault" in an accident, but to issue a ticket for a violation of a statute.

Gary Platt · Answer

Even if nobody has been cited for a moving violation, you may still  have  to defend yourself in court if you are involved in an accident and are even partly at fault.  You must report the accident immediately to your own insurance company and they are required to defend you in court, if necessary, and pay damages on your behalf (up to your policy limit) for any damages you  are  found to have caused.

Timothy Klisz · Answer

Yes, without insurance you will be sued, regardless of fault and be responsible for all the injuries and damages to the other driver. You will likely need a defense attorney to assist you with this.

Dennis P. Mikko · Answer

Michigan is a no-fault auto insurance state.  Generally, you would look to your insurance company for damages to your car regardless of fault.  However, if you did not have insurance at the time of the accident, you cannot enjoy the protections of the act.  The other driver or his insurance company could seek damages against you. You could also find yourself liable for any personal injuries sustained.

Dean Esposito · Answer

Yes, often the investigating officer will not issue a citation even when one person is clearly at fault.

Leonard Schwartz · Answer

Yes. Not being given a traffic ticket does not settle the negligence issue.

Cale Plamann · Answer

Yes.  It just means a lot more effort will go into proving who actually was at fault in the accident.  Also if your insurance was canceled at the time of the accident it is likely that your insurance company will not defend you or pay for the damages if you're found to  be liable.

Willie Stephen Graves · Answer

Yes, you can be sued  and so can the other guy  even though no citations were issued.

Brett Rosenthal · Answer

Whether a motorist receives a citation is merely evidence of fault, but is not a prerequisite for a fault determination. 

If the reporting officer, assuming there is a traffic collision report, found either party at fault that is not necessarily the last word on fault because generally speaking the officer's conclusion is not admissible in the civil trial, unless he can qualify as an accident reconstruction expert and most do not so qualify. 

However, your question was, can you be sued if you were not cited? The answer is "yes," as there are many ways to prove fault with regards to a motor vehicle accident. Witness testimony is a critical fact in evaluating liability because they are theoretically independent with no axe to grind

Michael Yeksavich · Answer

You can always sue for damages caused by someone else.  Then the Court will  determine liability.

Michael Heilmann · Answer

Insurance has nothing to do with fault. If he blames you, you will have to fight it out in court. Good luck.

Paul Samakow · Answer

Insurers can make decisions without police citing anyone.  Civil responsibility, money damages, only comes if and when someone sues and wins.

John Joseph Ratkowitz · Answer

Yes, a citation is not a prerequisite to being found at fault.

David Blain · Answer

Yes, even without a statement in a traffic report stating whose fault the officer believes it was, a Court of law exists to make that decision. You can be sued, or you can sue the other driver to resolve the dispute. 

It's likely just a mall claims case, so you both will tell your story to the judge and he'll make a determination as to who is at fault, or to what percentage he believes each of you were at fault.  

What's important to remember though is who has the burden of proof. The Plaintiff has to establish by a preponderance of the evidence that it was the Defendant's fault. 

Maybe how the accident happened will tell the judge enough, i.e. you rear ended the guy. Or maybe a witness to the accident provides testimony stating the Defendant ran the red light. 

Point is, in a he said she said type of case, the Plaintiff will generally lose if there is nothing the judge can hang his hat on to help him say one way or the other whose fault it was.

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If no one was cited in the accident can I be sued for the other person's damage to his car.

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