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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Had an Accident, Not at Fault, but Had No Insurance

    My question involves insurance law for the state of: Texas.
    I was involved in an accident on private property. I had no insurance at the time. The accident was ruled at the sceen by the officer responding as no one was at fault sue to weather conditions. Months later a collection agentcy on behalf of the other drivers insurence company contacts me claiming they conducted an investigation of there own. Found me at fault. And because I had no insurance at the time an responcible to pay back what her insurance company paid? Is this right. I mean if I were at fault then okay. But I wasnt. Now there threatening me with court and suspending my lisence. Please help. I dont know what to do. Its been four months since this accident even occurred.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,947

    Default Re: Had an Accident, Not at Fault, but Had No Insurance

    The police officer's interpretation does not bind the insurance company, nor does it bind a court. They're free to make their own assessment and, if you disagree, to sue you to resolve the issue.

  3. #3
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    667

    Default Re: Had an Accident, Not at Fault, but Had No Insurance

    A civil party cannot suspend your license, only that the state can do that.

    You can tell the insurance company that you are not paying anything and that you'll see them in court. The company will then have to file suit where the accident occurred and prove to a judge that you are responsible for the accident. You should ensure that you have copies of the police report or ask the officer to testify on your behalf. The company will have an uphill battle to fight the officers testimony since he is trained to examine the scene and determine if an infraction has occurred and who carries the blame. Good luck.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,947

    Default Re: Had an Accident, Not at Fault, but Had No Insurance

    The police report is hearsay.

    The officer's testimony could potentially be helpful, if he's subpoenaed and appears as a witness.

  5. #5
    Join Date
    May 2012
    Posts
    3

    Default Re: Had an Accident, Not at Fault, but Had No Insurance

    How did the accident occur?

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