Legal Question in Traffic Law in Alabama

Suspension of License for uninsured motorist?

My wife was involved in a traffic accident. She did not have insurance at that time. Police officer held my wife as primary responsible & the other party as contributory negligence for the accident. We are now getting letters from the insurance company stating that ''our records indicate that you were an uninsured motorist at the time of the accident, therefore the total balance is your obligation'' They are also saying that they can get her license suspended if she does not pay? Please advise if they are right in their assertions. What options do we have.


Asked on 1/09/03, 6:50 pm

1 Answer from Attorneys

Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Suspension of License for uninsured motorist?

Well, unfortunately, yes, suspension of your wife's license is a possibility. However, I think they are blowing smoke as to their claim that she is obligated for the "total balance". If the investigating officer felt that the other motorist was also at fault, your wife may not be responsible for all of the damages, or any. The police report isn't the final authority on who was at fault. That would rest with either a judge or jury. However, the fact that you do have a police report partially blaming the other party gives you a foothold to fight with. Without knowing all of the facts, it would be impossible for me to give you a full opinion but I would suggest speaking with an attorney at greater length because there may be a chance that your wife could get off with paying a significantly lower amount, at the very least. Also, make sure you file the required report with the state (should have been attached to your copy of the police report) regarding insurance.

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Answered on 1/10/03, 11:53 am


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