If my auto insurance had ended a few days prior to the accident, will that change who is at fault?

The driver of newspaper delivery person was sideways covering both lanes. I came over the hill and she didn’t move there was no time to react before impact. I haven’t heard from her insurance company or even been given a copy of the police report. It was stated at the scene that it was clearly her

fault. However, now I find out my insurance was lapsed by 6 days. Does that change fault?

Asked on July 11, 2018 under Accident Law, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Fault is based on who was driving negligently, not on who does or doesn't have insurance. Therefore, since the other driver does appear to be at fault, you can make a claim against his insurer. However, to the extent that you may be found to be partly at fault, then you may have to payout of pocket, as well as for any fines that may be levied against you for driving without insurance.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, a lack of insurance does not change fault in the accident: fault depends on who was driving negligently or carelessly and who was not. Based on what you write, the delivery person was at least largely (and possibly entirely) at fault. A lack of insurance could expose you to fines or other punishment, and also means that if any fault is attributed to you (e.g. if you were going too fast, and that's why you could not stop), you would have to pay out of pocket any claims against you.


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