Wife ruled at fault, other driver with expired tags and no insurance...

by Donnie
(Clarksville, TN)

My wife was making a left turn at a 4 way intersection. Apparently this intersection has a green arrow, followed by a left turn yield...She made the left turn, 3rd in line from the light, when she was t-boned by a car coming straight through.

The officers cited the other driver for expired tags, and no insurance. In the accident report, the cop ruled the accident my wife’s fault, stating it was a failure to yield right of way.

My question is, If the lady that hit her was on the road illegally, with tags over 4 months expired, and no insurance coverage, should my insurance cover the damages done to the other vehicle? It happened in Clarksville, Tn.

Answer to Wife ruled at fault, other driver with expired tags and no insurance...

Hello Donnie,

Yes, your wife is likely liable. The defense regarding no insurance and expired tags had little to do with your wife’s failure to yield the right of way (you have to yield the right of way to a car, if you have a duty to so; the fact that the car is coming has no license or insurance is irrelevant to her duty to yield. In addition, there is no way for your wife to know that the vehicle coming was or was not properly license).

The real issue is “causation” please see our section here:

http://www.auto-insurance-claim-advice.com/Causation.html

Good Luck,
http://www.auto-insurance-claim-advice.com/