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Are you at fault if another driver hits you and it is their fault but your insurence lapsed 10 days ago?

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Answer

The determination of fault is made by the investigating officer. Although you may not have received a citation, you may have been determined to be marginally at fault. Many states assign fault on a percentage basis. The officers report often has notation codes in the margins that further describe his/her findings.

If, in fact, you are determined to be 100% "not at fault", the other driver will be reqiured to pay for the damages to your vehicle, whether or not your insurance was in effect. Determination of fault can be a complex process.

Insurance is another issue altogether. If you are not insured you may be given a citation and required to appear in court. Some states will revoke your drivers license for driving without insurance, some may even impound your vehicle. In any case, allowing the insurance to lapse can result in much higher insurance rates and make it difficult to get insurance from ANY carrier.

Answer

If it is their fault, they will have to pay damages from their insurance. The fact that you were driving without insurance will mean you get a ticket.

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First answer by Redbeard. Last edit by Lkysmy. Contributor trust: 920 [recommend contributor]. Question popularity: 20 [recommend question]

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