Q: If no one is ruled at fault and one driver doesnt have insurance can the driver that didn't have insurance be sued?
My daughter was in auto accident and didn't have insurance her view was obstructed and she pulled out in front of a car. The police officer told he was not giving her a ticket for failure to yield because there is alot of accidents that happen in that location because of the view being obstructed. However she was given ticket for insurance being expired.
A:
Someone can be at fault even if no one charged. She has a duty to inch out if her view is obstructed and to take an alternate route. If she has no insurance bigger problem is that her license could be suspended.
Unless there's some reason to believe the other person is at fault, the only other option is a possible claim against the owner of the obstruction, but if the obstruction is permissable under the town and state codes that's another question.
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