Non us citizen also non lic was invloved in an accident with my grandma…..who would ve at fault

My grandma was driving one of my
vehcles the other day an was invloved
in an accident. The person who hit her
was and undocumented lady from mexico.
She had no drivers license and was on
the phone. My vehicle has insurance and
so did the vehcle that the lady was
driving. The insurance of the other
vehicle was in the ladys husbends name.
We called the police but they would not
show up unless there was injurys. Now
there insurance is claiming that it was
my grandmas fault. An that they wont
fix my car. My question is wouldn’t she
be automatically at fault being her
situation. This was in las vages navada
the car is registered to me in
California.

Asked on July 6, 2017 under Accident Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Being illegal does not make you at fault in an accident: "at fault" means what it sounds like--that it was your fault that the accident occured, because you were driving carelessly or negligently in some fashion. If your grandma was at fault in terms of how she drove, then she is not entitled to compensation for the accident. If you believe that the other woman was at fault but insurance is not paying, you can sue your own insurer for breach of contract--for not honoring their contractual (an insurance policy is a contract) obligation to pay; or you can sue the at-fault driver and the car's owner for causing the damage. In either event, you need to prove your grandma was not at fault but the other driver was.


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