Am I liable to pay for damages when I was not found at fault in an auto accident?

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Am I liable to pay for damages when I was not found at fault in an auto accident?

I was cut off by a driver who abruptly put on their breaks causing me to hit their vehicle. The investigating officer found no fault on my behalf due to the other driver stating they did cut me off. I was not ticketed for any part of the accident. However, I was ticketed for no insurance. I just moved and irresponsibly let the insurance laps. What are my rights and what am I liable for when not found at fault?

Asked on September 23, 2010 under Accident Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The best thing for you to do is to consult with an attorney in your area on this matter.  Even though the police officer "found you not at fault" he is not the party that decides "fault" in a lawsuit.  That is left for a Judge and/or a jury.  In some states when you aer hit in the rear there is an assumption that the car that hit you was following too closely and was at fault.  There are "mitigating" circumstances, such as being cut off - then he was not really in front of you to be following too closely - that can shift the liability away from you. But all that has to come out during the discovery phase of the litigation should the matter be placed in suit. The admission of the other driver to the police officer is important though to your case.  Good luck


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