What will happen if I was at fault for a car accident but just found out that the owner didn’t have car insurance?

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What will happen if I was at fault for a car accident but just found out that the owner didn’t have car insurance?

Will I get all the penalties and liability for the accident? I thought the owner was insured but their insurance lapsed a month ago.

Asked on March 1, 2014 under Accident Law, California

Answers:

Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

If you were at fault in the accident, then your insurance must pay for the damages to the other driver.  It does not matter whether the other driver, who was not at fault, had insurance or not.  The only time it might matter would be if your policy limits did not cover the other driver's damages, and then the fact that he did not have underinsured motorist coverage would come into play.


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