QUESTION
What can I do if I was in an accident and I have no license, no insurance but I was not at fault?
Asked on Aug 20th, 2013 on Personal Injury - Nevada
More details to this question:
When I was 2 months pregnant, I was driving east bound with my 2 little brothers and little sister. I was at an intersection that was under construction so I was unable to make a left turn. I had the green light so I proceeded east bound when I saw a van approaching at high speed coming south bound by the time I realized his vehicle was passing directly in front of me and spun my car out of control. I ended up facing west bound, and had to be transported via ambulance, due to my pregnancy. And the insurance company won’t stop harassing ne saying I’m at fault.
7 ANSWERS
Ronald A. Steinberg
Then why were you driving? You violated the law. You probably need a lawyer, and perhaps the lawyer can help you. I personally would not touch a case like that, because I would be concerned about how badly you would get beaten up on cross examination.
Answered on Sep 11th, 2013 at 12:05 PM
If you do not have insurance or a license, you cannot be legally operating a vehicle, thus you would arguably be negligent on those grounds alone. This is essentially the argument that the insurance company will make when proving that you are at fault.
Answered on Aug 22nd, 2013 at 3:03 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If you are in SC, they may suspend your license for failure to pay damages. If this happens, you are entitled to a hearing on the issue of whether it was your fault. The letter of suspension tells you how to do this. As far as the insurer harassing you, tell them that it was not your fault and to quit calling you. Unless they sue you, you do not have to pay. Even if they sue you and get a judgment against you, they cannot force you to pay.
Answered on Aug 22nd, 2013 at 12:48 PM
James Eugene Hasser
The fact you have no license or insurance has nothing to do with liability of the at fault driver. You might get a ticket from the State, but the other driver is still liable and his or her insurance company should cover the accident. If the insurance company is not accepting liability, you will need to get a personal injury lawyer. Good luck.
Answered on Aug 22nd, 2013 at 12:38 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Looks like a he said, she said case. insurance companies love em. Hire you a lawyer if this is important and see if he can help. As long as the insurance co has a live body who contradicts you, they will continue to blame you. why not? what have they got to lose? A jury may agree with them.
Answered on Aug 22nd, 2013 at 10:53 AM
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It is unfortunate that you did not carry insurance. If you had, your insurer would be addressing these issues. The being said, the fact that you did not have insurance has no effect on fault. If you were injured, contact and attorney to represent you. Hopefully your pregnancy was not ( or is not) effected.
Answered on Aug 22nd, 2013 at 10:25 AM
If you were not at fault, you have a claim regardless of not having a license or insurance. You might get a citation, but it should not affect your claim.
Answered on Aug 22nd, 2013 at 9:53 AM