Other driver at fault, but I had no insurance at the time
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Other driver at fault, but I had no insurance at the time
I was hit by another vehicle but I did not have insurance at the time. The other driver’s insurance company is pursuing me for payment of their insured’s vehicle damages. If I didn’t have insurance but it was not my fault, does that give the insurer the right to pursue me for damages?
Asked on April 19, 2018 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Not having insurance does not alter the fact that the other party was at fault in the accident. The other party has no claim against you. If the other driver's insurance denies your claim for property damage (cost of repairs to your car), your recourse is to sue the at-fault party for negligence. You should also consider filing a bad faith claim against the other party's insurance carrier.The other driver's insurance carrier will probably report you to the Dept. of Motor Vehicles for being uninsured. The DMV may suspend your license and cancel your current vehicle registration until you provide proof of insurance.
I assume you were not injured in the accident since you did not mention it.
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 AttorneyPages.com 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.