Legal Question in Personal Injury in Indiana
My son had let his car insurance lapse. He was in an accident but received no ticket - the policeman told him there was no way he could have avoided the accident. We don't know if the other party was given a ticket.
We realize that he will probably have to pay a fine and even lose his license for a few months because this insurance was lapsed. However, someone has told us that regardless of who was actually at fault for the accident, he will ultimately be assigned the fault because he was driving without insurance. And then, because he will be assigned the fault, the other drivers' insurance will not have to pay for damages to his truck (it was totaled). Is this accurate?
2 Answers from Attorneys
No, it is not accurate. Having insurance has nothing to do with the casue of an accident.
He will have to pay a fine for driving without insurance, and will have to show proof of insurance to the court. But, as already noted, his not having insurance has nothing to do with who is to blame for the accident. If he was not at fault, then he has a claim for the damages to his vehicle and/or his person.
Tell "someone" to quit trying to play lawyer. Those are the kinds of advisors who can cause you to make decisions that may have bad legal consequences.
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