If I do not go to court against the at-fault driver and her ticket gets dismissed, can her insurance then sue me to repay the cost of my car’s damages
Free Insurance Quote Comparison
Secured with SHA-256 Encryption
UPDATED: Apr 17, 2012
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
Insurance Question from Cutler Bay, FL
Asked on 04/17/2012
If I do not go to court against the at-fault driver and her ticket gets dismissed, can her insurance then sue me to repay the cost of my car’s damages I was rear-ended and the other driver was ticketed. The officer told me I didn't have to go to court, and the ticket would be dismissed. I felt bad for the other because she is a teacher and I know they don't make a lot of money. I was then informed that if the ticket gets dismissed that her insurance could say she was not actually at-fault. Is this true?
Answer given on April 18, 2012
In an auto accident, the fact that there was a ticket issued does not confirm or deny that the party was at fault. Since you were rearended it is unlikely the other person’s insurance company will deny liability. They should be willing to settle the claim for you.Police reports involving insurance accidents also do not determine the fault of the drivers involved. The insurance companies do an investigation, including taking statements from both drivers and determine fault in that way.You should contact the other driver’s insurance company and file a claim with them. Proceed as you would whether or not she got a ticket. Her insurance ocmpany may not know about a ticket or not, and again, dismissal of the ticket does not free her from liability.If the other insurance company stalls you, you can go to your insurance company and ask them to repair your car, less the deductible. they will then subrogate against the other insurance company for the damages and if successful, you will get your deductible reimbursed. However, it is easier for you to go to the other insurance company because you won’t have to pay your deductible.
IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.