What happens if there is an accident and I have insurance but do no have uninsured motorist and the person at fault does not have any insurance at all?

Will my liability coverage cover damages to myself, any passangers, and my auto?

Asked on May 29, 2016 under Accident Law, Louisiana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are at fault in an accident, your insurance pays on the claim.
If you are NOT at fault in the accident, the other driver's (at fault party's) insurance pays on the claim.  If that driver does NOT have insurance, you will need uninsured motorist coverage to pursue claims through your insurance company for property damage to your vehicle and personal injury claims of yourself and the occupants of your vehicle .  If you don't have uninsured motorist coverage and the at-fault party does not have insurance, your only recourse is to sue the at-fault party for negligence.  People without insurance probably don't have much in terms of assets you could go after to satisfy the court judgment after prevailing in a lawsuit.

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