Hi, I was involved in an auto acident in extreme icy conditions... I slid on ice.... i hit no cars but got hit by the car behind me on the rear and side of my vehicle. Due to circumstances I do not have ins....Neither did the driver that hit me.. He also lives in ma and that is illegal. The driver called me in a harassing manner and told me I need to pay for his damages. I told him we both had no ins and he hit me. I told him I would call my lawyer.....Not sure what to do. waiting ion accident report. called the state.. Is this kid going to sue me.. Also how can he its illegal to have no ins... Thankyou
1 Answer from Attorneys
Given that you both slid on ice, one might conclude that you both were partly at fault--or parhaps that neither of you was at fault. Either way, the other driver hit you from behind, so more likely than not, he is at least a little bit more at fault than you, so he would not be entitled to have you pay for his damages (you would have to be found 50% or more "at fault" for him to recover from you).
Whether or not either of you was uninsured has no bearing on who is responsible for the accident. Nor does it have any effect on one's right to bring a lawsuit.
You should be aware that, contrary to popular belief, NH law does not totally make it OK to drive around without insurance. The NH "Financial Responsibility law" says that you must have at least $25,000 worth of liability insurance on your car UNLESS you are financially able to post a $25,000 bond in case of a claim being made. If a claim is made and you can't post the bond, then you could lose your driver's license for up to a year. The other driver may face a different set of "penalties" for driving without insurance in Mass.