Involved in an auto accident that was not my fault. However I had no insurance at that time. the at-fault driver does have insurance but won’t pay

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Involved in an auto accident that was not my fault. However I had no insurance at that time. the at-fault driver does have insurance but won’t pay

I had right of way and the other driver pulled out from a stop sign into my path. Her insurance company refuses to pay for my damages because it says I contribute to the accident. the police report states she was 100% at fault. However, I did not have insurance at the time of the accident. Is it because I had no insurance that I contribute to the accident

Asked on April 30, 2009 under Accident Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am NOT an Alabama lawyer so I don't know what Alabama law says about the right of an uninsured driver to sue for an auto accident, or if driving without insurance is illegal or a crime in Alabama as it is in some states.

But in a few states if the trier of fact (a judge or jury) finds there is ANY fault (negligence) on the part of one party no damages can be awarded to that party.

In MOST states a party partially at fault can still sue, so long as the other side was more at fault, but the recovery is reduced proportionally to his/her fault.

In most states driving without insurance is not regarded as "fault" as such as the fact that you were driving is not what caused the accident. But speak with an Alabama accident lawyer; the consultation is free if you consult a featured personal injury or auto accident lawyer listed on  www.AttorneyPages.com.


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