Involved in a car acciedent and did not have insurance, can I fight the at faukt charge?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Aug 26, 2012

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Insurance Question from Portsmouth, VA

Asked on 08/26/2012

Involved in a car acciedent and did not have insurance, can I fight the at faukt charge? I was involved in a car accident a little over a year ago. I left a stop sign and was hit by a vehicle. The other vehicle had the right of way. I was charged for failure to yield. I believe that the other vehicle was speeding, I honestly did not see him coming. I was driving a 93 Cadillac Deville, which was turned 90 degrees and pushed about 500 feet into a telephone pole. My car was totaled. The other driver was driving down a local city st , speed limit 35 mph, 6000 damage to his vehicle. I am being sued by his insurance company for the property damage, because I was uninsured. Advice

Answer given on August 28, 2012

If you were at fault in an auto accident and had no insurance, then you are in violation of the law requiring that you have insurance.You can fight the charge of being at fault, but you were at a stop sign and did not have the right of way for the intersection. Without witnesses to prove the other party was speeding, and if the police did not charge the other party with speeding, you will find it difficult, if not impossible, to prove your side. You will need to go to court and the fact that you were driving without insurance is not going to work in your favor.The insurance company for the other driver does have the duty to try to recover the damages they paid out for thier insured. They can pursue this in court and you will be expected to reimburse them for the damages. You can work out a payment plan with them.


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