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Can I be sued by an insurance company if I had an accident with their policyholder and I was uninsured?
Wiki User
∙ 13y ago
Yes, the process is called "subrogation". When an insurer pays a claim on behalf of its own insured, it succeeds to the rights of the insured to the extent of its payment. That is, it can recover its payment from the at-fault party in the same way that the insured could have pursued the at-fault party.
If the insurer's policyholder was At Fault, in whole or in part, for the loss the insurer may recover only that portion of its payment for which its insured was not responsible. Some jurisdictions apply a pure comparative negligence analysis, where negligence is apportioned as a percentage between the parties.
Other states use a contributory negligence analysis whereby if the insured was at all at fault, he/she, and therefore, his/her insurer, may not recover anything. Still other states apply a hybrid analysis.
The location of the occurrence determines the law that applies.
Wiki User
∙ 13y ago
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If you an uninsured motorist were involved in an accident that wasn't my fault will the guilty party's insurance pay for a rental car for you?
Your question is confusing. The way I read it, the one that caused the accident was uninsured, so how can that person's insurance company pay for your rental car? He has no insurance company.
What can you do if your insurance is cancelled the same day you get in an accident and total your car?
Depends on when it was cancelled. Before or after the accident? When did you get the cancellation notice? If you were cancelled before, then obviously you were uninsured. If the accident was your fault, then any costs are yours alone and not the insurance company's.
At fault party of an accident lied to police about insurance who do you report this to so that they will have to pay fine?
You should call and report this to the police. Also, you should contact your insurance company and advise them about this. If you carry uninsured motorist coverage on your policy, and can prove to your company that the other person is uninsured, your company will pay to have your car repaired and send the bill to the uninsured person.
What happens when one of the involved parties does not have auto insurance at time of the accident?
Assuming in this instance the uninsured driver is the one at fault, he or she is still liable for any property damage & personal injuries that may have resulted from the accident. The injured party will make a claim against his or her uninsured motorist policy. But that insurance company can, and often will, sue the uninsured driver.
What should you do if an uninsured motorist hits your car and it is their fault?
That's what Uninsured and Underinsured motorist coverage is for. You have that on your insurance policy. I have been in this situation. The first thing you do is talk to your insurance company. Tell them about the accident and how it is their fault. It is better if you provide proof like police report or written statements, but if not, it depends on how your insurance company rules it. From there, your insurance company should tell you what your options are. Most likely, they would go after the uninsured motorist and make them pay. You don't even need to deal with the uninsured motorist.
The Ins and Outs of Uninsured Motorist Insurance in Virginia?
Whether in Virginia or another state, uninsured motorist insurance is often pushed aside by drivers. Unfortunately for those drivers, uninsured motorist insurance could come in handy in the case of an accident where the other driver involved does not have insurance. In Virginia, uninsured motorist insurance is actually mandatory. Residents are required to purchase uninsured motorist insurance as part of their auto insurance plan. Fortunately for residents of Virginia, uninsured motorist insurance can help protect from health care costs and other costs associate with an accident that the driver is not at fault for. Residents of Virginia are required to purchase 25/50/20 of uninsured motorist insurance with their auto insurance policy. This amount of insurance is purchased in order to cover bodily injury and damage to property costs associated with an accident. Additionally, uninsured motorist insurance can help pay for lost wages and other medical bills as a result of an accident. While uninsured motorist insurance may seem like an extra or unnecessary costs, statistics have shown that nearly 15 percent of drivers on the road do not carry liability insurance. In the case of an accident in which a driver does not have insurance, the driver at fault would be required to pay for any and all costs. If they can't, it becomes the responsibility of the other driver involved in the accident. It doesn't matter if the driver was at fault or not. In Virginia, drivers have the option of purchasing a deductible for uninsured motorist insurance. The deductible is the price that a driver is willing to pay out of pocket if they have an encounter with an uninsured driver that can not pay for damages and or medical bills. Fortunately, as it is mandatory in Virginia, purchasing uninsured motorist insurance or paying for a deductible is relatively inexpensive. As with all types of auto insurance, prices will vary depending on the insurance company. For best deals on uninsured motorist protection rates, it's best to shop around.
What can you do if the person at fault in an accident claims to have no insurance?
You'll need to file an accident report, then notify your insurer of the loss occurrence. If your have collision or uninsured motorist coverage on your policy, your insurer can handle it for you. Your insurance insurance company pays you, they would then seek subrogation from the at fault driver.
If in an at fault accident and you have no insurance and there is no injurys to either party and no police come and make a report what should the uninsured driver expect in California or any state?
The uninsured driver, assuming they are at fault, can expect to be pursued civilly by either the other driver's insurance company or the other driver. The uninsured motorist can be sued for damages and any other expenses incurred as a result of the accident, including court costs.
Which insurance company offer the lowest rate for uninsured motorist insurance?
If you are wondering which insurance company offers the lowest rate for uninsured motorist insurance because your neighbor is planning to move to Ohio, then you should try Geico.
Can a fully insured driver drive an uninsured car?
It will depend on the driver's car insurance company. In case that driver gets into a car accident, it would be presumed his car insurance will step in to settle the damages.
If two people have a car loan but only one person has insurance and the car is totaled in a single vehicle accident by the uninsured person will the insurance company still cover the car?
if you have gico then no but any other car insurance will yes
If you are involved in an accident with a person who has no insurance and they are at fault does your insurance pay for repairs to your vehicle?
Only if you have Uninsured or Under-insured motorists coverage. If so, your insurance company will pay the damages and will legally pursue the other party to recover the funds.
