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  1. #1

    Default Insured Driver Ticketed After Being Hit By an Uninsured Driver

    Texas: I had a collision with an uinsured motorist. Both vehicles are totaled. I recieved a ticket for running a red light, based on the one wittness who waited for the police, several other wittnesses clained the other driver ran the light but they did not wait for the police. At the time the other driver claimed she had insurance and gave a policy number which turned out to be invalid. There is a police report but not available yet. My question is if the police officer had known at the time of the accident that the other driver is uninsured would he still give me a ticket? Do I have any legal right to dismiss my ticket since the other driver was unisured?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Insured Driver Ticketed After Being Hit By an Uninsured Driver

    Whether or not the other driver was uninsured is irrelevant to whether you committed a driving infraction.

  3. #3

    Default Re: Insured Driver Ticketed After Being Hit By an Uninsured Driver

    In Texas you can usually take online driving school or you can ask for a trial. My guess is that if you go to trial the other person will not show and they will have to dismiss the ticket. The police officer did not see what happened.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Insured Driver Ticketed After Being Hit By an Uninsured Driver

    That's a valid point, assuming the court deems the other driver a necessary witness. (I've seen traffic judges make nutty rulings, so....) Particularly if they have managed to avoid being ticketed for being uninsured to that point, uninsured drivers aren't especially inclined to show up in court to take the stand and risk being asked to admit to having driven while uninsured.

  5. #5

    Default Re: Insured Driver Ticketed After Being Hit By an Uninsured Driver

    I appreciate your comments. What would you think if I tell you that later that day the police officer came to my office wanting me to sign the ticket since he forgot to ask me at the scene. I was at home with a hurt shoulder, but I talked to him on the phone and said I'll be happy to sign it the next day. He said I'll just submit the ticket without a signature. I know that if you refuse to sign a ticket that means nothing, but what if the officer fails to ask you to sign does that mean anything? I suppose if it was important he would've come the next day.

  6. #6

    Default Re: Insured Driver Ticketed After Being Hit By an Uninsured Driver

    I know that if you refuse to sign a ticket that means nothing
    Not really. If you refuse to sign the officer can take you into custody, tow your car and take you to jail until you go before a judge for a bond hearing. Most officers will not go that far but they can. It also depends on the department's policy. Officers in Texas have been known to take you into custody if you do not sign.

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