How can you dispute blame in an accident?

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How can you dispute blame in an accident?

My son was in an accident last summer. At the time, he was intimidated by the other driver and apogligized at the scene. The police were called out but no report was created, it appeared to be a no fault accident as he described the accident to us later. He had paid his Insurance payment late, and was uninsured at the time of the accident. He didn’t realize this. He later attempted to contact the other driver, and agree that each repair their own vehicle. He received a letter today claiming that he owes $3000 for damages. How can he dispute this, since he was uninsured?

Asked on April 24, 2012 under Accident Law, California

Answers:

DRichard White / MoKan Personal Injury Group

Answered 8 years ago | Contributor

First of all there is no such thing as a no fault accident from a legal point of view. If there was a collision between two vehicles there was either a mechanical problem with one of the vehicle (for which the owner would be at fault) or there was personal failure to drive in such a manner so as to avoid an accident. An oral agreement that each should repair their own vehicle is not binding upon either party and if your son was at fault for the accident then his being uninsured means that he would be personally responsible for the damage. From the statement you have provided there is not enough information to give an opinion and thus the only advice that can be given is that you son should consult an attorney to fully discuss the situation.

Hong Shen / Roberts Law Group

Answered 8 years ago | Contributor

A letter from whom? If from the other driver, just ignore it. If from the other driver's insurance then your son may need an attorney to help him defend a possible lawsuit. Typically if no fault was identified at the time of the accident the insurance company of both parties would pay their insured. The insurance company may go after your son for repayment but it also has the burden of proving fault.


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