Should'nt uninsured driver automatically be more at fault?

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PostPosted: Sun Jun 06, 2010 10:46 am   Post subject:   

If the kid hit a parked car....Should be the kids fault and his carrier will handle the damage(s).



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PostPosted: Sun Jun 06, 2010 4:33 pm   Post subject:   

Please don't YELL and this should have been a new thread.



If the other person is at fault, their insurance should address the damage for the owner of the vehicle you were in. I'm guessing you were legally parked?

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PostPosted: Mon Jun 07, 2010 12:16 am   Post subject:   

California law also understands that an intoxicated person in the driver's seat, whether the vehicle is running or not (at least if the keys are in available to start the car), can be charged with and convicted of driving under the influence. The car does not have to be in motion.



Not that this has anything to do with the question -- Lori's and tcope's answers are both correct -- just thought I'd spice up an worn out thread.



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PostPosted: Mon Jun 07, 2010 10:56 am   Post subject:   

Quote:
Not that this has anything to do with the question -- Lori's and tcope's answers are both correct -- just thought I'd spice up an worn out thread.
Laughing


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PostPosted: Tue Jun 08, 2010 11:55 am   Post subject:   

Quote:
The car does not have to be in motion.


Great info Max. Actually, that's how it should be when it comes to dealing with DUI issues. If someone gets drunk and is not in his senses, then he might stand in someone else's way.

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PostPosted: Tue Jun 08, 2010 2:00 pm   Post subject: insurance  

True, MAX!! Actually...a family member, of mine, was sitting in a parking lot, in front of a bar (of all places), with the keys in the ignition. However.....the car was at a dead stop and the motor wasn't running. But, because the keys were in the ignition, he was charged with a DUI.

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PostPosted: Tue Jun 08, 2010 3:00 pm   Post subject:   

I sat on a jury with the same set of facts. I wasn't entirely convinced that the CHP officer (whose partner did not testify) was accurate in his testimony, but the law is the law and in the absence of compelling testimony from the defendant and his witnesses, we eventually found the defendant guilty.



It was a troubling case.



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PostPosted: Wed Jun 16, 2010 4:33 pm   Post subject: insurance  

Wow, MAX!!........I bet it had to have been difficult to make a decision. SO many things 'we' want to make decisions on feelings, instead of facts.

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PostPosted: Thu Jun 17, 2010 12:46 am   Post subject:   

It was difficult. On first vote, it was 8-4 to convict. The next day, when we returned to deliberations after lunch, one of the jurors was drunk! Had to toss him off the panel and install one of the alternates, and begin deliberations all over again. Eventually convicted -- based on the reading of the Vehicle Code, but no one was really happy about it.



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PostPosted: Mon Oct 17, 2011 5:19 pm   Post subject:   

I WAS DRIVING SOMEONE ELSE'S CAR AND GOT INTO AN ACCIDENT. IT WAS THE OTHER PERSONS FAULT, BUT I HAVE NO INSURANCE DOES ANYONE KNOW WHAT HAPPENS


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PostPosted: Mon Oct 24, 2011 3:43 pm   Post subject: CA accidents  

Can an uninsured motorist sue an insured motorist who is 75 % at fault for the accident? They want to sue us for the property damage that is not covered in our policy.


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charity
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PostPosted: Tue Oct 25, 2011 5:07 am   Post subject:   

Yes they may choose to sue you, because even you are not covered to pay for his loss. Since you don't have PD liability insurance, both of you are in the same boat, i.e. uninsured. Thus, the at fault driver pays, plus, both uninsured drivers get tickets or penalized or end up with suspended license for breaking driving rules.


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PostPosted: Tue Oct 25, 2011 5:17 am   Post subject:   

To Guest, if the accident took place in no fault state, then the car owner's insurance pays or else the at fault driver's insurance pays.

It is always advisable that you drive someone else's car (if driving quiet often) with a non-owner's auto insurance to protect yourself against any liability costs that you may incur in any accident.


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PostPosted: Wed Feb 15, 2012 8:45 pm   Post subject: uninsured driver  

My husband was involved in an accident where he was uninsured. The police found that they could not determine who was responsible; therefore each were liable. There were no witnesses and the only person hurt did not wear a seat belt. Now my husband's being sued for medical damages and pain and suffering. The couple is claiming he was reckless yet other than being uninsured there's nothing that suggest he was reckless. The couple are in their eighties and had no seat belt. Is ity possible for him to counter sue, despite not having insurance? Are both parties liable like the police determined? Not sure if it helps, but we reside in Indiana.


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anonymous26
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PostPosted: Wed Feb 15, 2012 8:46 pm   Post subject: uninsured driver  

My husband was involved in an accident where he was uninsured. The police found that they could not determine who was responsible; therefore each were liable. There were no witnesses and the only person hurt did not wear a seat belt. Now my husband's being sued for medical damages and pain and suffering. The couple is claiming he was reckless yet other than being uninsured there's nothing that suggest he was reckless. The couple are in their eighties and had no seat belt. Is ity possible for him to counter sue, despite not having insurance? Are both parties liable like the police determined? Not sure if it helps, but we reside in Indiana.


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