Q: if someone is cited with due care after an accident should they be held liable for damages
Crash report said I had no contributing actions to the cause of the wreck. The other driver was cited w/ due care, as well as speeding and reckless driving. Whiteness statement verified his negligence. His insurance has denied my claim & appeal. My car is totaled. I’m uninsured. I am being punished for being poor. Should I take this to small claims court or what else could I do to recover the damages to my vehicle I’m owed.
A:
The answer to your initial question is that the police report conclusions are not determinative but, if admissible, may be persuasive.
Check your state’s laws if police reports are admissible in small claims court. Or if you can subpoena the witness and police officer to the small claims trial.
A: An uninsured driver may still have certain rights for recovery - each state treats it differently as to limitations placed by driving without insurance. A local attorney could advise best as to exactly what damages are available to pursue. Good luck
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