lil legal question for you guys

[cbarr300]

I know this can be different state to state but here goes:

My friend was driving and was involved in a wreck that could have gone both ways depending on who tells the story (can't they all). In my eyes I believe both parties are at fault.

Here's the kicker...my friend has insurance on his car and everything's up to date. The guy who hit him had insurance on his car but did not have a valid driver's license. He didn't just forget to get it...he flat out didn't have one.

The officer that came out to the wreck decided my friend was 100% at fault and filled out the accident paperwork. However, he let the other guy drive away scott free with NO driver's license on file.

Now this seems a lil weird to me that the officer let the guy drive off and gave him no part in the wreck even though there's no proof that this guy even knows how to drive a car.

so my question...what do you think the chances are of my friend getting anything positive out of this? I'm gonna say none sincee the officer at the scene said he had a part in it...but I figured I'd ask.

 

[blksn955.o]

in my state...from everything I have heard...you are responsible for your car at all times. Now if something happens like someone pulls out in front of you it will probably end up a split with the ins. with both parties taking some blame and probably the one who pulled out getting more of the fault. Ins. companies will probably haggle this out after getting information from both parties.

If the driver had no license in my state that is a 12pt ticket fwiw a DUI is 10. Take it for what its worth. I think its BS that happened. My question is, is there a chance the buddy told a lil' white lie...letting someone with no license drive home after an accident seems to me it would at least be negligent on the officers side of things god for forbid something else happened. Maybe the officer found some kind of record after "calling" his info in .

Bottom line it sounds like no one was hurt bad and that is good. cars can be fixed or replaced, people can not.

 

[cbarr300]

exactly, no one was hurt which is awesome. End of story there...

I was actually driving right beside him when it happened. The officer straight up said that this guy was not legal to drive...yet let him drive away...I remember the one time I was caught and I didn't have my license (left it on my bed), the officer actually made me find a ride home and refused to let me drive my car...even though he had my number and everything

I know what you're saying though...people generally tend to tell white lies

We also had plenty of witnesses that say the other driver was more at fault.

Personally it doesn't matter to me cuz he can handle his own stuff...I was just kinda curious

thankss

 

[mustangapril]

I might contest the ticket and summon the officer then, go to small claims court against the guy without the license.

 

[earleys94gt]

You may be able to contact an attorney, for a free consult, too see what kind of case you have.

From what I see, since the other driver had no license, and therfore shouldn't have been driving, he should be at fault and pay for all damages.

Also sounds like the cop should have atleast detained him instead of knowingly letting him drive; or at the very least made him get someone else to drive the car away.

 

[thethirdeye88]

paid attorney and court is all i can say..."oh, no drivers liscense?...you shouldnt be on the road anyway!...*bangs gavel* your at fault, plus ticket) and officer gets his ass chewed for not giving him a driving without a liscense ticket...

 

[neoxaero]

Atleast here in Tx, if you don't have a license or insurance and you have a wreck... its 100% your fault.. even if you get rear ended or what ever..

The logic behind it is... you shouldn't be there no matter what... so its your fault.. I would contest the ticket and see what you can do from there..

 

[MysteryMachine]

I agree if the dude didn't have a license he should be at fault. He should have ben locked up for driving without one. Fight that ****

 

[FlyBy763]

Who was the car insured under if he has no license?