Visitor Question

Automobile Wreck with No Insurance…

Submitted By: Anonymous (USA)

I had an automobile wreck and I’m not sure if I’m liable for damages. I slid into the back of a car that another person had left. I called the police and they came and got my info. I later found out my insurance had lapsed. The other car’s owner came back 45 minutes later.

Would I still be personally liable for damages to their car?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Unless there exist additional facts it appears you are liable for the damages to the other fellow’s car. Unless you can show his car was parked illegally, or parked in a dangerous place where avoiding a collision would have been almost impossible, you probably will be liable.

Although you didn’t mention whether there were contributing factors such as ice, oil, or other elements on the street causing you to slide, their existence might have been important if you were going to be issued a ticket for “Following too closely.”

In that case the ticket might not be issued if the Police officer felt you couldn’t have stopped because of one of the elements. Otherwise, ice, snow, oil or other will not excuse you for liability for the damages caused to his car.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 11, 2011

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