Should I pay if I got into a car accident, I am not at fault but I was not insured and I am driving someone else’s car? 1 Answers as of November 10, 2016

I was driving down the road and a lady pulled out an alley trying to cross into the alley on the other side of the street. She did not stop. She was cutting through traffic and we collided. I was driving someone else’s car that was not insured. Police showed up, wrote the report, a witness was there and was giving a court date. I went to court. The other person did not show or policemen judge dismissed the case. Months later, I got a bill from the other person’s insurance saying I was at fault so I have to pay the damages, is that correct?

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Candiano Law Office | Charles J. Candiano
It is NOT correct. YOU had the right-of-way. The police certainly had the ability to write you a "no insurance" ticket but insurance has nothing to do with liability. Whether the other car pulled out in front of you or hit you in the side, SHE was at fault. If you had insurance, the insurance company would hire an attorney to defend you. The police should have written the other driver a ticket for failure-to-yield. Is that what was dismissed? It should not have been because the officer didn't witness the impact. You should have insisted that the Court find that the other driver DID Fail to Yield the Right-of-Way.
Answer Applies to: Illinois
Replied: 11/10/2016
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