Will I be found automatically GUILTY because of lack of insurance at the time of a minor accident?
Question:
He seemed fine and his bicycle was fine too. We exchanged Names, Addresses & Phone Numbers. However, at the time I did not have auto insurance (but do now), but i never disclosed this fact.
Now 10 months later, i am getting sued for $160,000 ($150K of it is for pain & suffering)! The guy who served me said don't worry, just forward the paperwork to your insurance company.
There is a set court date in March.
My Question is?
When the Judge finds out that I didn't have insurance - will I automatically be found guilty?
Answer:
Most states require by law that you have at least minimum coverage to even be allowed to drive your car, so technically (depending on your state) you were in violation of the law simply by driving, let alone being in that accident. Although you have insurance now, that coverage is NOT retroactive to cover all driving or incidents to that point (in other words it doesn't help ex post facto). Depending on the circumstance, you will probably we found de facto guilty, but those damages (they seem extreme) will probably we lowered or even dismissd, but don't be surprised if the judge levies punitive damages because you didn't have insurance. Depending on your juristiction and the grounds of the claim, your driving privledges may be revoked or restricted. Either way, be prepared for a marked increase in your insurance premiums.
More than likely you will be. You should not be driving if you don't have insurance, so if you had not been on the road the accident would not have happened. So guilty
not if you can prove that it is a false clam if you can get him on vidio doing somethat he clames he cant you can get it droped fight it and take it to trial thats too much money and he might have ran in to you on purpose
OK really you should get a lawyer. You don't have to be found guilty. Having insurance protects you from things like this. If you were not afraid of getting busted you could have called the cops and there would be a record that there was no injury. If this guy actually "ran into you" there is a chance he was fishing for a lawsuit. Incidentally, what is HIS proof that the collision happened?
You will be found guilty of driving without insurance which is a crime.
This is a civil suit for money.
First they have to prove that You caused the rider pain and suffering.
Was there any damage to your car?
Were there any witnesses?
Do you have any photos.
Did you get any estimates..
Who was at fault in the accident??
All of these will go toward the jusdges decision...
Advice..
GET a Lawyer...
Your insurance company is not going to help you at all because they were not insuring you at the time..
did you apologize to this person?.. although its the right thing to do.. its an admission of guilt in the eyes of the law..
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