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No Insurance, But Other Driver at FaultGenerally, the same thing that would happen if you did have insurance. Although every state has different insurance laws, fault is not determined by who has or does not have insurance. This is a common mistake. However, all states have penalties for driving uninsured and in most states, they can be severe. Penalties such as license suspension, heavy fines, road crew assignments, etc. This is in addition to the increased cost of your insurance. But, this is true whether you have an accident or not; simply being pulled over for any traffic violation will have the same result. And if you did cause the accident? Oh, man....

Here are more opinions and answers from other FAQ Farmers:

  • In the cases where the other driver was At Fault, they (or their insurer) should pay. However, YOU will have to submit the claim to their insurance carrier. And their carrier will say they are not going to pay because yada-yada-yada. So then you have to sue. In most jursidictions, each driver will collect from their own insurance company and the companies take care of all the nasty stuff.
  • I was just in an accident and immediately began calling attorneys. Get an attorney, and don't just handle it yourself. Try to go for a traffic law attorney and claim for personal injury. Whatever you do don't give a statement to the insurance company and don't let them talk to anyone but your attorney. They may seem nice, but they aren't your friend, and you really can view yourself as the enemy toward them. I was told the insurance adjuster would be out there by today, and they still haven't come. The car accident happened almost a week ago and my car is sitting out in a lot uncovered with the interior exposed. Get insurance if you can, even liability, because at least you'll have help from an insurance company that's willing to deal with the issues for you.

In most cases, the other party will pay for your vehicle damages -IF- their insurance company accepts liability. That is a function of whether or not the other person admits liability, if there is a police report in your favor, or if there are witnesses to the accident that support the contention that the other party was at fault. Some states have a "no pay, no play" law which bars people from suing for non-economic damages if they are uninsured but that restricts pain and suffering type of claims. Not auto damages.

If the adverse insurance company denies liability, should you get an attorney? That depends on the facts of the case. It is not always in your best interest to get an attorney involved. If you are injured, you should get an attorney. If you are just trying to recover your vehicle damages, there are more cost effective/time effective options. Getting an attorney for auto damages only WILL BE COUNTERPRODUCTIVE for a number of reasons.

1.) it would be hard to find a lawyer to take such a case because the money is too small.

2.) a lawyer would never actually take this kind of case to court because it would cost more to go to court than the entire claim is worth. Instead the attorney would try to negotiate the claim and take a reduced settlement so they don't have to go to court. This is going to mean less money for you

3.) the attorney is going to take a third of the reduced settlement they collect further reducing the money you get.

4.) when an attorney gets involved in an insurance claim, it sets off warning signals to insurance adjusters and the claim is handled differently. namely the insurance company is going to hire and attorney to deal with your attorney and the entire process is going to be drug out over years. In the end, you are going to wait a really long time to get a disappointing settlement.

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Q: What happens if you have no insurance but the other driver was at fault?
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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.


What happens when a licensed driver gets into an accident and does not have insurance?

They can be sued by the other driver for damamges (if at fault). If not at fault, they may have a very difficult time getting insurance in the future and when they do, the premiums will be through the roof.


What happens if a fully insured driver admits fault for hitting a parked vehicle but the other driver involved in the accident had no license insurance or registration?

If the other vehicle was parked, there was no other driver to have license, insurance or registration. The driver who hit the parked vehicle is at fault and is liable for all damages to the parked vehicle.


What happens if you don't have insurance but the other driver does and are hit from behind in Texas?

The fact that you don't have insurance doesn't preclude you from collecting from the at-fault party. Call the other driver's insurance company and file a claim for damages.


What happens if you were in an accident and at fault but the other driver had no license?

The license status of the other driver has no bearing on your liability. If you were at fault you are still responsible for any damages and injuries. Just report it to your insurance company as you would any other accident.


If your auto is hit the other driver's auto insurance pays all medical expenses and so does your health insurance must you reimburse your company?

You do not have to reimburse your insurance company if the accident is the fault of the other driver and the claim is made on their insurance. If the accident is the fault of the other driver and their insurance does not cover everything and you make a claim on your insurance for reimbursement, your insurance will subrogate (collect back) from the other company.


If you had an accident that was your fault you have uninsured motorist coverage the other driver was uninsured do you have to pay all the costs?

The at fault driver is responsible regardless of who has or does not have insurance. You were at fault, you get the bill. Fortunately though you have insurance. So they get the bill.


What happens if other driver was at fault but l have license suspended and no insurance?

You will be punished for the violations that you have for driving with a suspended license and for driving without insurance. These punishments will be severe but vary from state to state. The violations on your part will not effect the fault of the accident and if the other party is truly at fault then their insurance company will pay for your damages incurred in the accident.


What if you are in a car wreck with no insurance and the other driver is at fault?

Doesn't matter at all. You are required to have insurance and the fact that the other driver may be responsible does not protect you at all.


In California what happens if an uninsured unlicensed driver is driving your insured car and has an accident and the other driver is licensed and insured is at fault?

the insurance of the owners car would have to be liable. basically, your not gonna get sh*t cus driving with no license or insurance automatically makes you at fault--regardless of who really in all actuality was. DONT DRIVE WITH NO INSURANCE.


What do you do if you have auto insurance and you hit a parked car whose driver does not have auto insurance?

Your insurance will have to pay regardless if the other person has insurance or not. You were at fault.


Does the at-fault driver with full coverage insurance pay for the other car?

No The person who is at-fault is responsible for your damages. His insurance will pay for everything. Tow, rental, damages.