If my son was in an auto accident and didn’t have insurance and no fault was assigned on the police report, does he have to pay damages?

He was told at the scene that fault was with both parties involved; nothing stated on police report assigned fault. However, now the other party’s insurer wants payment for damages. What are his options?

Asked on March 5, 2015 under Accident Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

He can refuse to pay and force the other party and/or its insurer to sue him; they can win money from him only if they can prove by a "preponderance of the evidence" (more likely than not) in court that he was at fault; and if the other driver was also at fault, his/her fault can offset what your son might pay. The fact the police did not assign fault does not prevent the other side from suing and winning.


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