Legal Question in Traffic Law in Missouri

I was in a traffic accident where as I was making a lane change and the person in front of me stopped as I was checking my blind spot. I was able to pull right so the damage was only on the back right side of their car. They didn't have insurance. That was two monthes ago, they are now trying to sue me. I have heard from various people that it is considered their fault because they didn't have insurance and therefore shouldn't have been on the road in the first place. My question is, is what I'm being told true or do they have a legitimate case?


Asked on 1/08/11, 10:01 am

1 Answer from Attorneys
Anthony Smith LawSmith

Generally the car that runs into the rear of the car in front of them is at fault. ther emay be an argument as to what the reletive libilities are when the cars are changing lanes. the fact that one of the cars was uninsured does not effect the determinaiton as to whether the other driver wa at fault for the collision. The failure to carry insurance may be used to discredit the testimony of the the unisured driver. But, it does not excuse the neglignece of the other driver..

If you ahve been sued, yrou insurer will supply you with adefense attorney. Make sure your insurer knows you have been served with a law suit, as you only have a short time in which to Answer the Petition. Failure to properly and timely Answer may lose you whatever defenses you otherwise had to the Plaintiff's claims.

Good luck

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Answered on 1/13/11, 10:28 am


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