Can the driver who is not at fault but has no insurance file a lawsuit against a driver who is at fault and has insurance?

What happens if there is collision with a severe injury or death?

Depending on who was at fault, and the types of insurance involved, a lawsuit could be filed. The claim could be against another driver, insurance company or even the car manufacturer.

What happens if you have no insurance and the other driver is at fault in South Carolina and the driver at fault does have insurance?

You will be cited for driving without insurance and the other driver being at fault, him and his insurance are still liable for damages.

If someone without insurance is found at fault when they hit an insured driver how do you get payment?

You can do a couple of things. First, you can file a civil lawsuit against them. Sometimes you will get your money and sometimes you wont. Another thing you can do is check your policy or call your insurance company and see if you have uninsured coverage. If you do, you can get your own insurance to cover the damages.

What happens if the driver at fault hits a car and the driver at fault has no insurance will the car that hits you have to pay for your car?

If you have comprehensive insurance, your policy will cover the damages (less a deductable). In this case, your insurance company will sue the at fault driver. You can also sue the at fault driver for damages (if you do not have comprehensive).

Can you sue the at fault driver and the insurance company?

You do not sue the insurance company. Any suit is filed against the at fault party only. The insurance company will defend their client and pay damages according to the terms of the policy.

How long does an auto insurance company have to settle a claim in Arizona?

In the state of Arizona, there is no specified time limit in which an insurance company has to settle a claim with an insured party or with a third party that has filed a claim. An individual does have a time limit of two years in which to file a lawsuit against the driver who was at fault in an accident.

Does a passenger in a car accident have to file a claim with their own insurance company?

When a passenger is injured in an automobile accident, and the driver of the automobile of which he/she is the passenger of, is "at Fault" for the accident, the passenger of that vehicle has the legal right to file a claim against that drivers insurance carrier. If on the other hand, the driver of the other vehicle is "at fault", then the passenger of vehicle that is "not at fault", has the legal right to file a claim against the other driver's insurance carrier. And whenever there are injuries sustained in an automobile accident, you should contact personal injury attorney or law firm to represent you against the filing of your claim against any insurance carrier. "At fault" accidents are not final just because a citation has been issued. When a carrier receives a claim against their company, they will launch their own investigation of the cause of accident, and review the police report, and speak with any independent and passenger witnesses who can provide statements concerning how the accident happened.At the end of the carrier's investigation, which will also include, taking pictures of both of the vehicles damages, will compile all of the information they get, to try to determine at that point, who was at fault. If their insured is determined to be at fault, the carrier will pay the claim for which the passenger has filed against them. If the carrier determines that the other driver was at fault, then the carrier will not pay the claim and deny liability. If this happens, the passengers legal representatives will automatically withdraw their lawsuit filed on your behalf, and file the lawsuit against the other drivers insurance carrier.I was in a one car accident where the car ran off the road to avoid hitting something. I was the passenger of the car. If my medical insurance from my job pay for the my hospital bills is the insurance company intitle to pay me back the money even though my insurance covered itIn the UK - the passenger would make a claim against the driver at fault. This driver would pass the details to his insurer who would indemnify him for the claim made against him. A passenger could not make a claim against his own insurer. To see the process for making a claim in the UK see the related link entitled "motor vehicle accident".

Can you file an insurance claim against both the at fault drivers insurance and the owner of the car you were driving when the accident accured?

No, The at fault driver in the other vehicle is responsible for your losses. Not the person from who you borowed the car you were driving.

What does an uninsured driver pay when hitting an insured driver?

If it is the uninsured driver's fault in the accident, you can still file a lawsuit against the uninsured driver but you'll only be able to recover from their personal assets, which in many states won't be much because many states allow you to shield many personal assets from this sort of recovery. You will also be filing a claim against your own Uninsured Motorist (UM) coverage on your insurance policy.

What happens if you have been in a car accident in a taxi and the accident was driver's fault but she had no licence and no insurance?

He gets arrested.Added: You could consult with an attorney to determine if you have a suit against the cab drivers employer. If it was an "independent" cab (driver-owned) then you might have a suit against the driver and/or his insurance company.

If you have PLPD and are involved in an accident does their insurance cover your car?

If the other party has insurance then their "property damage" coverage should cover damage to your vehicle. If you happen to be at fault or there is some question as to who is at fault then it might be hard to collect from their insurance company. Only if the other party is at fault. If you have collision insurance, you can file the claim with your own agent. Then you will be paid for your damages, less your deductible, and when your company collects from the other company you will also get your deductible. If you do not have collision, you will have to file your claim directly with the at-fault driver's insurance. If the company denies your claim (and unless there is very compelling evidence that their client was at fault, they will), you will have to sue the driver. Then, IF YOU WIN the lawsuit, their insurance will pay.

What insurance covers the driver who is at fault?

Assuming that the at-fault driver maintained it at the time of the collision, his/her auto liability coverage would be triggered.