Other driver at fault, but I had no insurance at the time

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Other driver at fault, but I had no insurance at the time

I was hit by another vehicle but I did not have insurance at the time. The other driver’s insurance company is pursuing me for payment of their insured’s vehicle damages. If I didn’t have insurance but it was not my fault, does that give the insurer the right to pursue me for damages?

Asked on April 19, 2018 under Accident Law, California

Answers:

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

Answered 2 years ago | Contributor

Not having insurance does not alter the fact that the other party was at fault in the accident.  The other party has no claim against you.  If the other driver's insurance denies your claim for property damage (cost of repairs to your car), your recourse is to sue the at-fault party for negligence.  You should also consider filing a bad faith claim against the other party's insurance carrier.The other driver's insurance carrier will probably report you to the Dept. of Motor Vehicles for being uninsured.  The DMV may suspend your license and cancel your current vehicle registration until you provide proof of insurance.
I assume you were not injured in the accident since you did not mention it.


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