How liable is the driver in this situation?

Auggie

Golden Member
Jul 18, 2003
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TL;DR/Cliff's:

1.) Person B gets rear-ended by Person A.
2.) Person B inspects car, says car is fine
3.) Person B calls later that night and says their bumper is "broken/cracked"
4.) No police report (police weren't called)
5.) Person As Insurance has not been notified
6.) Person A who rear-ended Person B let their car insurance lapse three days before collision.

Supposing this happened in Texas, what liability does Person A, who rear-ended Person B, have?


Synopsis:

Party A is driving down the street without liability auto insurance (lapsed three days ago).

Party B brakes suddenly in the rain. Person A rear ends Person B.

Both people pull over off the street to take care of the situation. Person B inspects their car that got rear-ended and declares that there was no damage to their car. Person B further insists that the police do not need to be called, since there is no damage and they are in a hurry. Person B also refuses to take Person A's insurance information, but does give their insurance info to the person (A) that rear-ended them after a couple of requests.

Later that evening, Person B calls the Person A that rear-ended them and says that, yes, after all, there was damage to their back bumper. Person B tells Person A via email that they can handle it privately, or through their insurance. Person A suggests that perhaps Person B could report the accident to their insurance company as a hit-and-run/uninsured motorist claim. Now, 7 weeks later, Person A has apparently not done anything.

Will Person A ever be able to be held liable for the damages? Is there nothing Person B can do to get repair money from Person A? Is person A's insurance still covering them 3 days after their policy expired?
 

jagec

Lifer
Apr 30, 2004
24,442
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Originally posted by: Auggie
Person A suggests that perhaps Person B could report the accident to their insurance company as a hit-and-run/uninsured motorist claim.

:roll:That's a real scumbag move right there.
 

Auggie

Golden Member
Jul 18, 2003
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Just playing Devil's Advocate here (trying to conceal which side of this accident I'm favoring) but... would it be all that untruthful for Person B to say they were hit by an uninsured motorist? Isn't that actually the case?

It is a kinda scumbag move, though, no doubt.
 

pulse8

Lifer
May 3, 2000
20,860
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Rear-ending someone = your fault

Technically the person is uninsured so you could probably go that route.
 

jonmcc33

Banned
Feb 24, 2002
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No police report means it's a he said/she said situation. Person without insurance is screwed.

Reminds me of how one time a woman (go figure) rear ended me quite badly. I got her info but she was apparently late for her divorce court (or possibly needed to get her drugs since she looked like white trash) and so she drove away. I pulled my car to the side, waited for the police to arrive who ended up citing her for the accident. I called her insurance company and what to my surprise did I hear? They claimed that she said I caused the accident by stopping too soon. Lesson to learn with a REC, person behind you always causes it by lack of assured clear distance. I gave her insurance company the police report stating that she was cited for the accident and they went out of their way to get my car fixed and my medical bills paid. Had I not had that police report though? I'd have been screwed.
 

Auggie

Golden Member
Jul 18, 2003
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Person B (who got rear-ended) actually DOES have insurance. It's Person A (who caused the wreck) that didn't have a policy, so they're technically free of fault, since Person B didn't get a police report/insurance info (even if it was lapsed) from Person A?

It might be the case that Person B is afraid to admit to their insurance company that they were in a wreck and didn't do the right thing by calling the police and/or getting the Person A's insurance info.
 

Spikesoldier

Diamond Member
Oct 15, 2001
6,766
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Originally posted by: Auggie
Both people pull over off the street to take care of the situation. Person B inspects their car that got rear-ended and declares that there was no damage to their car. Person B further insists that the police do not need to be called, since there is no damage and they are in a hurry. Person B also refuses to take Person A's insurance information, but does give their insurance info to the person (A) that rear-ended them after a couple of requests.

it is person B's decision to decline calling the cops and getting a report, and acknowledging that no damage was evident as a result of the crash to rather get back on the road and his way that probably screwed him out of ultimately collecting from the responsible party.

however person A did hit Person B's car and Person B is entitled to be compensated for the damage his vehicle and party sustained.

however burden of proof that Person A did the damage is upon Person B and will likely, as others have said, will result in the case being thrown out upon going all the way up to a court.

If Person A hit Person B's car, then Person B should be compensated for the damages. Period.

Person A, with the information given, cannot be legally subjugated to pay Person B the damages he caused. whether Person B will get compensated all depends on Person A's integrity, ethics, maybe the negative temptation of karma, and knowing whether he knows to do the right thing or not.

It is illegal to drive in Texas without financial responsibility (AUTO INSURANCE), so next time Person A should probably make sure he makes his insurance payments before going out for a spin, and should probably consider himself very very lucky. Texas does NOT like uninsured motorists, and neither do I or the consensus of the denizens of ATOT.

edit: Alphabet soup - mixing my A's and B's
 

mugs

Lifer
Apr 29, 2003
48,920
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The person is obviously liable for whatever damage they did. What you're really asking is what person A can get away with.
 

pulse8

Lifer
May 3, 2000
20,860
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In Los Angeles they won't even send the cops out if no one is injured or public property is damaged.
 

alrocky

Golden Member
Jan 22, 2001
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Originally posted by: Auggie
1.) Person B gets rear-ended by Person A.

Later that evening, Person B calls the Person A that rear-ended them and says that, yes, after all, there was damage to their back bumper.

Now, 7 weeks later, Person A has apparently not done anything.

X) Will Person A ever be able to be held liable for the damages?
Y) Is there nothing Person B can do to get repair money from Person A?
Z) Is person A's insurance still covering them 3 days after their policy expired?
Person A is an idiot for giving his phone number.

Person B is an idiot for tons of reasons and has done nothing pro-active to resolve the accident after 7 weeks.

X) If "B" ever gets off his ass, maybe.
Y) Yes, if "B" gets off his ass.
Z) "B" gets additional idiot points for each day he does not contact his insurance company and ask that question.
 

jagec

Lifer
Apr 30, 2004
24,442
6
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Originally posted by: Auggie
Just playing Devil's Advocate here (trying to conceal which side of this accident I'm favoring) but... would it be all that untruthful for Person B to say they were hit by an uninsured motorist? Isn't that actually the case?

It is a kinda scumbag move, though, no doubt.

No, it's a total scumbag move for person A to say "Oh, why don't you just go ahead and pay for everything, or get your insurance to pay and deal with the higher rates that are sure to follow? After all, I don't see why I should fix the mess that I caused. I'm used to other people fixing my mistakes for me. Why, it might even cost me money! I'd have to stop driving recklessly! The horror!"

I'm not talking about the legal system here...I'm talking about what's right.
 

Chryso

Diamond Member
Nov 23, 2004
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Person A should be spanked for driving, and hitting someone, without insurance.
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
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Originally posted by: pulse8
In Los Angeles they won't even send the cops out if no one is injured or public property is damaged.

cops don't come in houston unless someone is dead, so i'm not sure where in texas this happened. though i'll bet they'd have come for an uninsured motorist.


anyway, person B was hit by an uninsured motorist, and person B should report it to his/her insurance company, and let the insurance company go after person A.
 

MrWizzard

Platinum Member
Mar 24, 2002
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Originally posted by: Auggie
Just playing Devil's Advocate here (trying to conceal which side of this accident I'm favoring) but... would it be all that untruthful for Person B to say they were hit by an uninsured motorist? Isn't that actually the case?

It is a kinda scumbag move, though, no doubt.

Ok be careful what you do with the advice you get from here because its different rules for each state.

But that is not a scumbag move! It's the truth the part that is a little not so good is that it's 3 days later and its not reported yet. Person B should report it ASAP, A should have been smarter and not let their insurance lapse they will have to pay whatever fines and consequences come with that decision.

If person B caries UM waiver of collision deductible and comp and coll they can get their car covered under their own policy and should eventually get their deductable money back.

But there rules I am stating are from CA although TX is similar I believe.

Person B really should call their CO or Agent to get advice on the best path. That is why they pay the Agent or Company.
 

PingSpike

Lifer
Feb 25, 2004
21,756
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Obvious its person A's fault. As mugs said...what you're really asking is: Can person A get away with it?
 

Regs

Lifer
Aug 9, 2002
16,665
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With no proof that the accident took place (witnesses, Person A license# or info, police report), let a lone damages, person B would be SOL if person A was not honorable.