If I was in a car accident but am uninsured, if it is determined that I am not completely at fault is there any chance the other driver’s insurer will pay any part of a claim for my vehicle?

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If I was in a car accident but am uninsured, if it is determined that I am not completely at fault is there any chance the other driver’s insurer will pay any part of a claim for my vehicle?

I know that I am partially at fault but not 100%. However, I unfortunately let my car insurance lapse for 3 months. If it is determined that I am not completely at fault is there any chance the other drivers insurance may pay any part of a claim for my vehicle? My car is totaled.

Asked on October 7, 2015 under Accident Law, Delaware

Answers:

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

Answered 6 years ago | Contributor

If you are not 100% at fault in the accident and your state has comparative negligence, then the other driver's insurance may pay part of your claim.
For example, if you are 60% at fault in the accident, you can recover 40% of your damages monetary compensation.  This is only if your state uses comparative negligence in determining liability.  
This is only an example and the actual percentage of liability will probably be different figures based on the facts in your case, if your state has comparative negligence.


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