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Baha
Sir Postalot
Joined: 12 Oct 2002
Posts: 1214
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 Posted: 03/03/05 - 23:03 Post subject: accident liablity question
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if I am involved in a car accident, and the other driver was a 16 year old driving alone with no license, just a learners permit, and he was charged w/ driving w/o a license.. is he automatically liable? basically, if someone has no license are they automatically liable? it was my fault I f****d up and hdyrolpaned but have to go to traffic court for it tomorrow, and was wondering if he was auto liable since he had no license
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wellspoken
RealPoor Master of Posts
Joined: 01 Feb 2003
Posts: 7137
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Posted: 03/03/05 - 23:04 Post subject:
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doubt he had insurance, you probably end up with the bill :\
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Baha
Sir Postalot
Joined: 12 Oct 2002
Posts: 1214
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Posted: 03/03/05 - 23:05 Post subject:
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he has insurance
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wellspoken
RealPoor Master of Posts
Joined: 01 Feb 2003
Posts: 7137
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Posted: 03/03/05 - 23:06 Post subject:
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oh, then if he has no license its his fault. i would think
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Baha
Sir Postalot
Joined: 12 Oct 2002
Posts: 1214
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Posted: 03/03/05 - 23:09 Post subject:
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i just dont want an unnecessary insurance rate hike, my isnurance already covered everything but if I can get it dismissed or whatever it would be nice
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wellspoken
RealPoor Master of Posts
Joined: 01 Feb 2003
Posts: 7137
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Posted: 03/03/05 - 23:11 Post subject:
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| Baha wrote: | | i just dont want an unnecessary insurance rate hike, my isnurance already covered everything but if I can get it dismissed or whatever it would be nice |
well if its not your fault it should go against your insurance, but it might
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Baha
Sir Postalot
Joined: 12 Oct 2002
Posts: 1214
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Posted: 03/03/05 - 23:22 Post subject:
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it was my fault, but he had no drivers license. my question is, is he automatically liable because of his lack of license.
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wellspoken
RealPoor Master of Posts
Joined: 01 Feb 2003
Posts: 7137
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Posted: 03/03/05 - 23:24 Post subject:
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| Baha wrote: | | it was my fault, but he had no drivers license. my question is, is he automatically liable because of his lack of license. |
i would think so.
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Baha
Sir Postalot
Joined: 12 Oct 2002
Posts: 1214
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Posted: 03/03/05 - 23:34 Post subject:
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thanks, appreciate the feedback, but I'm really looking for a definitive answer.
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r00typooh
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 5178
Location: Miami, FL
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Posted: 03/03/05 - 23:42 Post subject:
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liability shoulden't depend on who has their license or not... it's either you fault the accident occured or not your fault.
as far as what the individual was doing imporperly, he should be charged separatly for those things.
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r00typooh
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 5178
Location: Miami, FL
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Posted: 03/03/05 - 23:43 Post subject:
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ps. i don't know
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r00typooh
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 5178
Location: Miami, FL
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Posted: 03/03/05 - 23:43 Post subject:
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ps. i don't know
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wellspoken
RealPoor Master of Posts
Joined: 01 Feb 2003
Posts: 7137
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Posted: 03/03/05 - 23:46 Post subject:
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| r00tus wrote: | liability shoulden't depend on who has their license or not... it's either you fault the accident occured or not your fault.
as far as what the individual was doing imporperly, he should be charged separatly for those things. |
not having license means he shouldn't be driving to begin with. its his fault.
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Dor
Luke Warm
Joined: 14 Feb 2003
Posts: 156
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Posted: 03/03/05 - 23:47 Post subject:
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is your fault will go on your coverage.. he just gets the added bonus of getting a ticket for no liscence..will go on your insurance
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Baha
Sir Postalot
Joined: 12 Oct 2002
Posts: 1214
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Posted: 03/03/05 - 23:49 Post subject:
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so the only penalty for driving with no license is a cheap ticket? thats nice to know. I agree with wellspoken but cant find MD law to clarify online.
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Frax
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 8489
Location: Fuck yoiu fucking fuckers
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Posted: 03/03/05 - 23:53 Post subject:
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| Baha wrote: | | it was my fault, but he had no drivers license. my question is, is he automatically liable because of his lack of license. |
No. he'll probably get a ticket for driving w/o a valid license and if the cop finds you at fault you'll get the ticket for causing the accident if he writes one.
Just because the other driver is stupid doesn't automatically make you not at fault.
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wellspoken
RealPoor Master of Posts
Joined: 01 Feb 2003
Posts: 7137
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Posted: 03/03/05 - 23:53 Post subject:
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| Baha wrote: | | so the only penalty for driving with no license is a cheap ticket? thats nice to know. I agree with wellspoken but cant find MD law to clarify online. |
cheap ticket? LOL
try 150 MIN for the ticket + court costs.
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wellspoken
RealPoor Master of Posts
Joined: 01 Feb 2003
Posts: 7137
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Posted: 03/03/05 - 23:54 Post subject:
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how bad was your car damaged?
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Baha
Sir Postalot
Joined: 12 Oct 2002
Posts: 1214
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Posted: 03/04/05 - 00:02 Post subject:
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it was a rental and we paid like 40 extra to be covered for this shit lol. both cars got f****d up good though. also he only got a 100 dollar ticket, and showing up at court to say im a dickhead isnt gonna cost him a dime. 100 is kiddie change
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Fattguyy
RealPoor Master of Posts
Joined: 09 Sep 2003
Posts: 9911
Location: Shreveport, Louisiana
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Posted: 03/04/05 - 00:10 Post subject:
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In Louisiana, you get busted for no lisence you get it suspended until like age 21 =/ , but no real trouble other then that + fine
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LoNgIsLaNd
Luke Warm
Joined: 18 Apr 2004
Posts: 240
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Posted: 03/04/05 - 00:13 Post subject:
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I think in NY they would suspend his lisence until 21 or so. They would assess blame or some crap, like 95 him 5 you or somethin like that.
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Aeain
RealPoor Sensei
Joined: 22 Oct 2002
Posts: 1973
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Posted: 03/04/05 - 00:48 Post subject:
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Driving with out a license under 18 loses you license untill you are 18. Considering at 18 you are a legal Adult.
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Baha
Sir Postalot
Joined: 12 Oct 2002
Posts: 1214
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Posted: 03/04/05 - 00:52 Post subject:
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the guy in question was 16
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gotissues68
RealPoor Sensei
Joined: 21 Aug 2003
Posts: 1866
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Posted: 03/04/05 - 01:58 Post subject:
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If its your fault then its your fault whether he had a license or not. He'll be ticketed for sure for driving without a license but you're liable for the accident. However its up to the police to determine blame, so hopefully you haven't admitted fault. You're going to see an insurance hike more then likely but it probably won't be too much unless you were charged with something like reckless driving or whatever. Sounds like you flat out hydro'd which happens, its not like you can necessarily stop it, I've hydro'd before and I was following all the rules of the road. You'll probably at max get a reduced fine and points on your driving record if your state does that type of thing (points)...
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Baha
Sir Postalot
Joined: 12 Oct 2002
Posts: 1214
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Posted: 03/04/05 - 02:15 Post subject:
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yea it does points. I didnt admit to fault and the cop wasnt there to see it, just showed up afterwards, so he said he was lawfully unable to write a statement and just gave me a ticket for failure to control speed to avoid accident and him a ticket for driving w/o a license. i dont think im gonna go.
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Tamrissa
RealPoor Master of Posts
Joined: 29 Nov 2002
Posts: 7100
Location: at my computer
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Posted: 03/04/05 - 08:22 Post subject:
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speaking from experience here...
this was in canada so not sure if its different in your system.
my 365 had expired i was practicing for my up coming drivers test *sister was taking me on the friday, it happened on a saterday*.
got hit 
i got charged driving without a license. the old bat with caterax in her eyes so bad she couldnt see her hand in front of her face (but was driving anyway) got charged for causing the accident and got her license yanked *yay!*.
it was your fault, you even admitted it here... dont try to shirk off liability on the kid too hes in enough shit as it is.
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Baha
Sir Postalot
Joined: 12 Oct 2002
Posts: 1214
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Posted: 03/04/05 - 09:51 Post subject:
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hey, f**k off Tam, I was trying to see if I could avoid the insurance hike, I'm not trying to sue him or anything. yes I am at fault but if he wasnt there, and he shouldnt have been, there would have been no accident. so which outweighs which? he's in enough shit as he f*****g should be. stick your hand in grammas cookie jar without her permission and its getting slapped. decided to delete the rest of my post toward you, but kindly find another thread. this subject is done as I decided not to go to traffic court today and just eat the fine, which i previously stated. take your self righteous shit elsewhere as this is a dead subject.
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Paco
RealPoor Jedi
Joined: 13 Oct 2002
Posts: 12939
Location: Jacksonville, FL
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Posted: 03/04/05 - 10:02 Post subject:
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insurance companies suck
you get f****d even if you're not at fault sometimes
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Baha
Sir Postalot
Joined: 12 Oct 2002
Posts: 1214
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Posted: 03/04/05 - 10:08 Post subject:
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the reason you get f****d if not at fault is cause then the insurance company makes more money. much like certain members of realpoor, insurance companies get paid to f**k.
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Owyyn
RealPoor Guru
Joined: 11 Oct 2002
Posts: 2900
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Posted: 03/04/05 - 11:54 Post subject:
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| Baha wrote: | | hey, f**k off Tam, I was trying to see if I could avoid the insurance hike, I'm not trying to sue him or anything. yes I am at fault but if he wasnt there, and he shouldnt have been, there would have been no accident. so which outweighs which? he's in enough shit as he f*****g should be. stick your hand in grammas cookie jar without her permission and its getting slapped. decided to delete the rest of my post toward you, but kindly find another thread. this subject is done as I decided not to go to traffic court today and just eat the fine, which i previously stated. take your self righteous shit elsewhere as this is a dead subject. |
I'm with Tam on this one. Just because he didn't have a license doesn't mean you should get out of it.
If you hadn't been hydroplaning, which any competant driver should be able to avoid/deal with, there wouldn't have been an accident.
The fact the kid didn't have a license has nothing to do with YOU HITTING HIM. Shithead.
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