Am I automatically at fault for a car accident ifI was uninsured?

UPDATED: Feb 15, 2012

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Am I automatically at fault for a car accident ifI was uninsured?

I was hit in the side of my car with another driver but am not insured. Would it be automatically be considered my fault. I know I should have had insurance but I did not. Also, I was given a ticket because the cop really couldn’t really figure out what happened and went with the word of the other driver. So, I have to show up in court. Should I fight or will I automatically be at fault. I know in my state I will have to pay a fine and my license will be suspended but if I can prove I wasn’t at fault, will I still be responsible for the other car?

Asked on February 15, 2012 under Accident Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country, you are not automatically liable for causing the accident that you are writing about if you did not have auto insurance for the vehicle you were driving at the time of the incident.

If you were ticketed for the incident and you believe that you do not deserve the ticket, you should appear in court and contest. You need to be aware that the prosecution bears the burden of proving beyond a reasonable doubt that you committed the alleged infraction issued you via the ticket.

If you demonstrate that you do not deserve the fine for the ticket you were issues, you most likely will have a fine for driving a vehicle without insurance.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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