Right to detain uninsured drivers ?

if an uninsured driver was to crash into my car and it be there fault, would i be allowed to detain/citizen arrest them until the police arrive. And following that take legal action against them to receive damages to cover the costs of repairs etc

3 Answers

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  • 10 years ago
    Favorite Answer

    detain/citizen arrest, different states have different rules of arrest by citizens, that said the smart thing to do is if no one is hurt then write down the plate number and when the police arrive have them do a "Hit and Run" report.

    Some states have laws where they will charge "YOU" with kidnapping if you detain "Anyone" against their will. So I would check on line for the legal codes of my state before I did.

    You can always try to sue someone but I'd think twice about detaining someone stupid enough to drive without some kind of insurance, they might turn it around and sue you for false imprisonment.

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  • wg0z
    Lv 7
    10 years ago

    no. driving without insurance is not a felony. you risk arrest yourself.

    let him go, report the plate number to the police immediately. they'll get him.

    get the VIN of the other car if you can; look through bottom of windshield, driver side.

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  • 10 years ago

    Nope. That could get you charged with kidnapping.

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