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Are you or someone you know needing legal information regarding a car accident? Were you involved in a car accident where one party did not have insurance? Car accident laws pertain to the legal statutes, penalties and rules associated with car accidents. When you have been involved in an accident you want professional insight on your rights. Read below where Experts have answered questions regarding laws pertaining to car accidents.
Case details: A person was driving a friend's car and was involved in an accident. The car had no insurance coverage.
On a first offense for driving without insurance, there will be a $500 fine. The tags on the owner's car will likely be suspended until proof of insurance is provided. The owner will have to pay a reinstatement fee for the license plates which are around $100.
There is a reasonable chance that the owner of the other damaged vehicle will sue the person driving for damages sustained in the accident. The owners of both cars could sue the individual driving the uninsured car. In a case such as this, the person driving the uninsured vehicle is usually found to be at fault, therefore responsible for compensation.
An officer can issue a citation from looking at the physical evidence at the scene of the accident and statements from witnesses (if there are any witnesses). The majority of accidents provide enough evidence to prompt such citations. If the citation is based off of witness statements, the prosecutor must call on the witness to appear in court. If a witness doesn't appear in court, the case is usually dismissed.
The most direct way of acquiring another driver's insurance information is to file an accident report with the police station. During the investigation, an officer will collect this information from the other party involved in the accident. A copy of the accident report can then be obtained by those involved in the accident. Another option would be to file suit against the other party for any damages. The other party must provide the court with insurance information if requested by the party who received damage.
In a case such as this, only the driver that is found to have violated a state law will receive a citation. Many times, neither driver will be given a citation. If the officer on the scene finds that one driver is at fault, that driver will be given a citation. The driver can dispute the citation and force the state to provide evidence that the driver was at fault. If the driver wants to dispute the citation, a traffic law criminal defense attorney can be hired to assist the driver in the case.
Local and state law enforcement may provide some information regarding car accidents but the information is usually limited. In most cases involving car accidents, in order to get a copy of the accident report, a person must have a personal involvement in the case.
There are two possible options that may work in a situation such as this. The first option is to go to court and ask for a plea agreement with a deferment so long as the driver doesn't have future tickets. This can possibly lower or dismiss the current reckless driving ticket. If the court doesn't agree to such an agreement, the driver can ask for a trial which means the State must prove reckless driving. If there are no witnesses to the accident or no one who can state the driver was driving reckless, the person may win the case. With multiple cars being involved, there is a chance that the other drivers didn't notice what happened or who was at fault. Regardless, the assistance of a traffic ticket defense attorney may be beneficial.
Two years from the time of the accident is the statute of limitations regarding injury or damage to property and negligence. Basically this means if a person received injury or damage during a car accident as a result of another driver's negligence, the person must file within two years of the car accident.
A car accident can leave a person to deal with physical and monetary responsibilities. If you have been involved in a car accident, you want professional answers to your questions. Verified legal Experts are available to assist you 24/7 from the comfort and privacy of your home.
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