Got into an accident...Other driver has no Insurance...

[megadoc1]

wow! let me add sumn here.. I knew of an accident where the driver (a known Subaru tuner in Diego Martin ) was driving with a fraudulent certificate of insurance... long story short a civil claim was made against the owner and the driver of the vehicle. At the case management conference or CMC the Judge, Madam Judith Jones made this statement "I don't see the difficulty in this matter, if he had no insurance he should settle..and that it will be cheaper for him to do so than to go any further with this matter" the judge did not care who was right or wrong in this matter and she said she was not even entertaining the illegal aspect of it,in her words "I aint going so far"
as far as she was concerned, that part is for the police to deal with..
the guys settled the matter at the following hearing both came up half -half ........total time in court under 3 hours

so OP get a lawyer and let them handle yuh , its the only route you can go, right or wrong because its the only way to get redress. even if you were right

[kjaglal76v2]

OP stop listening to some of these men here eh!!!

YOU ARE NOT WRONG

the other had no insurance, therefore it not suppose to be on road..

[88sins]

Why you so angry papi ?

I am not 1 of yuh faddaz. doh call me yuh papi

and leave the tech stuff to the professionals.

so when & where did you get your Ph.D. in being a SK.u.N.T.?

[orangefox]

Why you so angry papi ?

I am not 1 of yuh faddaz. doh call me yuh papi

and leave the tech stuff to the professionals.

so when & where did you get your Ph.D. in being a SK.u.N.T.?

Lol to much rage here ... God Bless ! Have a Merry Christmas Papi !

[orangefox]

wow! let me add sumn here.. I knew of an accident where the driver (a known Subaru tuner in Diego Martin ) was driving with a fraudulent certificate of insurance... long story short a civil claim was made against the owner and the driver of the vehicle. At the case management conference or CMC the Judge, Madam Judith Jones made this statement "I don't see the difficulty in this matter, if he had no insurance he should settle..and that it will be cheaper for him to do so than to go any further with this matter" the judge did not care who was right or wrong in this matter and she said she was not even entertaining the illegal aspect of it,in her words "I aint going so far"
as far as she was concerned, that part is for the police to deal with..
the guys settled the matter at the following hearing both came up half -half ........total time in court under 3 hours

so OP get a lawyer and let them handle yuh , its the only route you can go, right or wrong because its the only way to get redress. even if you were right

Yes, logical.

He got away easy. OP could really take this driver and get compensated.
But he will need to know where there are assets with the individual.
OP was not wrong as he described the events.

The police statement, if negative, could be challenged in Court as per your memo
above.

[rollingstock]

no insurance- not supposed to be on the road- yu have right cause you insured, take it as a matter of steps- if he was not supposed to be driving then you wouldn't have gotten hit

Yuh wrong there bro.

The other person having insurance has no bearing on the accident itself.

The police can simply issue him a ticket for $1000 but relative to the RTA the driver exiting the minor road has to ensure that it is perfectly safe to do so before proceeding, in this case it wasn't and he is liable.

No hard maths in that.

[orangefox]

^^ Op can counter with contributory negligence. Easy case.

[sliderz1]

OP= orangefax?

[shottaz]

driver without insurance is supposed to be charged for driving without insurance..on the other hand you were clearly wrong in the accident and your car had insurance...so if the other driver gets charged and then goes to make a claim at your insurance with a police report,be ready to pay some excess dude...

[konartis]

you are wrong in the accident, as a driver you cannot anticipate the actions of another driver, so when exiting the minor road unto a major road, you have to give way to oncoming traffic, basically, if you didn't exit the road way in that careless manner, would the accident been prevented??? so you will be charged for careless driving/driving without due care and attention, the other driver is to be charged for driving without a valid certificate of insurance....

so hear what to do....
shut yuh facking ass, take your wrong, because you wrong.....report it to the insurance, if you have full comprehensive insurance, make your claim, third party...well cut your losses, the insurance company will have to initiate proceedings against the other driver for compensation.
you want more advice?? PM me...

[TRAE]

smh- law is one sided jed...

[miguellibert]

The other driver without the insurance automatically wrong full stop he ain't have no say in the matter so you could have him fix you asap or make a time in jail

[megadoc1]

people still arguing right or wrong ? smh

[desifemlove]

Good day Tuners,

My other car would have been involved in an accident whereby it would have been exiting a minor road onto a major road. The actual particulars of the accident are that my car already crossed the first lane and was entering the second lane whereby it was struck.

The insurance company has said that my vehicle was wrong since it was exiting a minor road onto a major road. This maybe true to some extent however my issue is that the other driver had no Insurance in the first place. Who is really at fault in this situation?

for the accident, you.

his only charge is not driving wit insurance.....

as for who pays what, i ent know..... but then you both may get a charge for your respective offences..

[orangefox]

people still arguing right or wrong ? smh

Lol .. this might go on for 53 years like Cuba & USA ..

Turkey seasoned and ready, and now I looking for Cranberry ..
Mero, where de guy with Rabbit meat ?

[88sins]

smh- law is one sided jed...

sometimes it does look so, but it was designed to be fair & w/o bias & objective.


but this scenario isn't one of those instances

[desifemlove]

you are wrong in the accident, as a driver you cannot anticipate the actions of another driver, so when exiting the minor road unto a major road, you have to give way to oncoming traffic, basically, if you didn't exit the road way in that careless manner, would the accident been prevented??? so you will be charged for careless driving/driving without due care and attention, the other driver is to be charged for driving without a valid certificate of insurance....

so hear what to do....
shut yuh facking ass, take your wrong, because you wrong.....report it to the insurance, if you have full comprehensive insurance, make your claim, third party...well cut your losses, the insurance company will have to initiate proceedings against the other driver for compensation.
you want more advice?? PM me...

this...doh see how OP can dispute dat...it's simple road laws..

[TRAE]

personally i still say...no insurance- whether right or wrong is he fault. same thing like a multiple car accident- if yuh get bounce and bounce the man in front of ya- the first car is wrong

but such is the law

[zoom rader]

OP, no insurance means that car is illegal on the road. He has no claim on you.
Seek some legal advice.

[orangefox]

no insurance- not supposed to be on the road- yu have right cause you insured, take it as a matter of steps- if he was not supposed to be driving then you wouldn't have gotten hit

Yuh wrong there bro.

The other person having insurance has no bearing on the accident itself.

The police can simply issue him a ticket for $1000 but relative to the RTA the driver exiting the minor road has to ensure that it is perfectly safe to do so before proceeding, in this case it wasn't and he is liable.

No hard maths in that.

Correct !

ZR talking again, he need to be schooled

Maybe he was in that Union too long

[nismoid]

If whoever was driving your car wasn't driving like a tuntun in the first place then there wouldn't have been any accident to begin with. Whether the car that hit yours had insurance or not has no relevance to the DUE CAUSE of the accident.

[megadoc1]

OP, no insurance means that car is illegal on the road. He has no claim on you.
Seek some legal advice.

no difficulty here, only one legal driver was on the road at the time of accident! people still beating up

[konartis]

you are wrong in the accident, as a driver you cannot anticipate the actions of another driver, so when exiting the minor road unto a major road, you have to give way to oncoming traffic, basically, if you didn't exit the road way in that careless manner, would the accident been prevented??? so you will be charged for careless driving/driving without due care and attention, the other driver is to be charged for driving without a valid certificate of insurance....

so hear what to do....
shut yuh facking ass, take your wrong, because you wrong.....report it to the insurance, if you have full comprehensive insurance, make your claim, third party...well cut your losses, the insurance company will have to initiate proceedings against the other driver for compensation.
you want more advice?? PM me...

this...doh see how OP can dispute dat...it's simple road laws..

he is one of those...ah feel ah right, so ah right trinis....

[sizzla89]

Thanks for all the replies lads...I am getting mixed reviews from alot of you guys. What I will do is get a legal opinion and report back to this post for the benefit of everyone.

Have a safe and enjoyable Christmas all.

[rollingstock]

^ You already got 2 legal opinions from two lawyers who both agree

[zoom rader]

OP, no insurance means that car is illegal on the road. He has no claim on you.
Seek some legal advice.

no difficulty here, only one legal driver was on the road at the time of accident! people still beating up

The only reason why I know this is because it happened to a lady who is a lawyer that I know. She was involved in a fender bender. Police did charge the other guy and she sued the owner of car for damages against her in court.
Took a while in court but she won. Final judgement was no insurance means your car is not lawful on the road and you can be sued for personal damages.

[rollingstock]

^ Yes but only if that driver was culpable for the accident, in this case he's not.



I just love to see how 'intelligent' 2nrs just pull random 'facts' out their ass and render it law.

[nismoid]

^ Yes but only if that driver was culpable for the accident, in this case he's not.



I just love to see how 'intelligent' 2nrs just pull random 'facts' out their ass and render it law.

ENT!!

[88sins]

well what yuh expect rs?
this rounds very few ppl would standup & admit they wrong or at fault, & always lookin to pin responsibility on somebody else with whatever illogical bullsheit logic.

the days of owning your deeds/misdeed have long gone

[megadoc1]

^ Yes but only if that driver was culpable for the accident, in this case he's not.



I just love to see how 'intelligent' 2nrs just pull random 'facts' out their ass and render it law.

aye yuh wrong! read my post above.now let me just add more to that, in that matter, the party who won was initially given wrong in the police report and this was gonna be challenged also in court but again, the judge said she aint going so far ,the man without insurance needs to settle

so you calling real life stuff random facts? yuh should hear the BS I got from policemen who think they knew law concerning this matter lol .... I learned that, besides what they say, there is reality!

well what yuh expect rs?
this rounds very few ppl would standup & admit they wrong or at fault, & always lookin to pin responsibility on somebody else with whatever illogical bullsheit logic.

the days of owning your deeds/misdeed have long gone

so what you saying is the man driving with out insurance on the nation roadway is more right than the legit driver? why cant that driver own up to his wrong according to your argument?
guess u didnt think of that! one illegal car on the road got into an accident and yet allyuh want to brace the legit driver?..... yep seems logical