Question
The driver was speeding and hit me as I was changing lanes. Fault was not indicated on the police report. It was more of a "he claims, she claims" statement. I am wondering how the plaintiff would benefit by not having their insurance company (no fault state) deal with it and come after me if they felt I were at least 50% at fault. Furthermore, it wasn't even my vehicle, but I was cited for no insurance. No other tickets were issued.
The driver was speeding and hit me as I was changing lanes. Fault was not indicated on the police report. It was more of a "he claims, she claims" statement. I am wondering how the plaintiff would benefit by not having their insurance company (no fault state) deal with it and come after me if they felt I were at least 50% at fault. Furthermore, it wasn't even my vehicle, but I was cited for no insurance. No other tickets were issued.
Answer
I am talking from an UK point of view but this is the only instance that I know of that I can drive into the back of you and it is your fault because you are NOT allowed to be there. This is beyond what the police declares. In court they don't even need a lawyer, their only statement needs to be "He didn't hold current insurance at the time". The judge will then ask you if that is a fact and when you say "yes" that is the moment that you lose. You pay all the damages plus whatever the fine for having no car insurance. That's it, case finished, next. In the land of the free? I bet there's no much difference.
I am talking from an UK point of view but this is the only instance that I know of that I can drive into the back of you and it is your fault because you are NOT allowed to be there. This is beyond what the police declares. In court they don't even need a lawyer, their only statement needs to be "He didn't hold current insurance at the time". The judge will then ask you if that is a fact and when you say "yes" that is the moment that you lose. You pay all the damages plus whatever the fine for having no car insurance. That's it, case finished, next. In the land of the free? I bet there's no much difference.
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