Is it automatically your fault if the other vehicle does not have insurance?

Answer 1

All states require finanical responsiblity, most people do not have the funds required therefore they carry insurance.

Of course it is not automatically your fault if the other driver is uninsured. It is your fault however, regardless of the other parties insurance if you were the negliegent or deemed repsonsible for the accident. Them (or you) not having insurance does not play into the investigation of the accident and fault/liablity determination, (subject to any state laws that bar an uninsured driver from recovery).

Also a person (in this scenerio, although not asked), would/could not sue the insurance company they would sue you, and if a judgment is entered against you then your company would have to pay the judgment, (always advise your company immediately if suit papers are received and your company will reprent you) also most minor accidents (under 5k or whatever your state has as it's limit), an attorney is not needed and the majority of these cases are handled in small claims court where the parties represent themselves, and only have a small filing fee.

Most insurance companys have a subrogation dept. that handles recouping all costs from the other ''At Fault'' carrier, or the uninsured party, the latter of course takes some time usually. File the claim with your company (assuming you have the appropriate coverage), they will handle your damage, then once all payments have been made they will 'subrogate' the 'at fault' party or company.

Always provide all information whether you think helpful or not to the claims dept when they are investigating the claim. good luck.....

lori

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Sorry I just thought of something, maybe you are confusing 'at fault' with your collision coverage (and deductible--yuck & yikes !!), paying the loss (due to the uninsured drivers negligence). Unfortunately when an uninsured driver causes an accident, they don't have the money to pay the claim, therefore we use our collision coverage, that has the deductible the insured chose at the time the policy was written/purchased, also unfortunately (and people have a hard time with this), the deductible applys whether or not you are at fault, it is a coverage deductible, not a 'cause of loss' deductible (not that there is such a thing).... hope that helps answer your question if you want more specifics and care to give me the facts of loss, I would be more than glad to provide whatever help I can.....again good luck.......lori

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In some states the other person is breaking the law for not carrying at least third party insurance to cover damage to other vehicles if it turns out the accident was their fault. If it was your fault and it's obvious (like you rear ended the guy; always your fault) you need to tell your insurance company right away. I mean, you need to tell them anyway, because you pay THEM to deal with car accidents and not YOU. If it was your fault and he had no insurance, then for him to sue your insurance company he is going to have to hire his own lawyer because he has no insurance company to take care of all this for him. If it was his fault and he has no insurance, you or your insurance company is going to have a hard time.