In many states you will find that police officers will not issue a citation in minor accidents. The police will show up and assess the situation and record the accident on a report. Your insurance company will ultimately decide who is At Fault and they may use the police report in their investigation. Usually if there are 2 vehicles involved than each insurance company will send an adjuster out to interview both parties. The adjusters will then work together to assign fault. If it is clear who was at fault than the insurance companies may not even send out adjusters. In this case they may just interview both parties over the phone and get repair quotes for the vehicles. In either case though, the police report is only a tool used by insurance companies and is not the final word as far as liability insurance goes.
Typically, the uninsured driver will be cited for it, and your insurance co. is liable for the damages.
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 you can get a copy of the police report you'll see some writing on the margin. That's where they assign blame and insurance companies can read the "code" for you. But in general, if you both were "cited", (that means that you were given a ticket) it probably means that you were both given partial responsibility for the collision.
Yes, most states require that you have a certain amount of liability insurance. Contact an agent for more information.
If the other person or driver was at fault as you say, Then all you have to do is file a claim on that persons liability insurance. Hopefully you exchanged information at the scene of the accident.
Most likely yes.. but your rates are going up, and the driver will be cited.
The at fault party is still liable to pay the damages. Added: Both parties will probably be cited for driving without insurance as well.
In an insurance company battle, the fact that you were cited will carry weight. The fact that the court did not find you guilty will not relieve you of liability by itself.
An unlicensed driver will probably get cited for not having a license and may even get their car impounded, but is not automatically at fault. The person that the police and insurance company determine caused the accident would be at fault.
Many states have laws that automatically assign blame to a drunk driver since he/she shouldn't have been on the road in the first place. But for the purposes of the insurance company, blame will be placed on the driver who rear-ended someone else unless there is proof that the driver in front slammed on the brakes to force the other driver to hit him. That's very difficult to prove. Obviously the drunk driver will be charged with Driving While Impaired and will get a hefty fine. The other driver will probably also be held responsible. Neither insurance company will be happy and both drivers will get to have SOME bad news.
You can be cited for 1 offense.
If she's stopped by the police, whe'll be cited for not having insurance. This means she'd then need to get insurance instantly (see the form SR-22), and report that to the court. Failure to do so can get her license suspended. If she is invovled in an accident with no insurance, the bills will all go to you. More, she will be cited for driviung without insurance (even if she didn't cause the accident). and, in an accident, this doesn't always result in a warning ticket -- sometimes there's a real penalty. I would suggest that, if she's a relatively new driver, you get her attached to your policy, as it'll usually cost less than getting her her own insurance. Your insurance agent can help with this.