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The determination of fault is made by the investigating officer. Although you may not have received a citation, you may have been determined to be marginally At Fault. Many states assign fault on a percentage basis. The officers report often has notation codes in the margins that further describe his/her findings. If, in fact, you are determined to be 100% "not at fault", the other driver will be reqiured to pay for the damages to your vehicle, whether or not your insurance was in effect. Determination of fault can be a complex process. Insurance is another issue altogether. If you are not insured you may be given a citation and required to appear in court. Some states will revoke your drivers license for driving without insurance, some may even impound your vehicle. In any case, allowing the insurance to lapse can result in much higher insurance rates and make it difficult to get insurance from ANY carrier. If it is their fault, they will have to pay damages from their insurance. The fact that you were driving without insurance will mean you get a ticket.

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Q: Are you at fault if another driver hits you and it is their fault but your insurance lapsed 10 days ago?
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Related questions

What do you do when you are involved in an accident that was not your fault but your insurance has lapsed and the other driver wants your information?

Tell that driver exactly that. And see what type of arrangement, you can come up with. In most states, your license will be suspended for a year, so if its not your fault, explain to the driver, even with your information it will not tilt the scales in his favor with the insurance company, but surely damage your license.


Why is it your fault if you have no collision insurance?

Fault is determined by who committed a driving infraction, not who has insurance. If you have no collision insurance, you are responsible for the damages to your own vehicle unless another driver is determined to be at fault.


What happens if you have no insurance and the other driver is at fault in South Carolina and the driver at fault does have insurance?

You will be cited for driving without insurance and the other driver being at fault, him and his insurance are still liable for damages.


What are some examples of when no fault insurance would be needed?

If you are involved in an automobile accident caused by another driver, and that driver carries no insurance, your no-fault clause is designed to protect your financial interests.


What happens if the driver at fault hits a car and the driver at fault has no insurance will the car that hits you have to pay for your car?

If you have comprehensive insurance, your policy will cover the damages (less a deductable). In this case, your insurance company will sue the at fault driver. You can also sue the at fault driver for damages (if you do not have comprehensive).


If the other driver is at fault in a collision and does not have insurance can the claim be paid entirely under your uninsured driver coverage?

Yes - that's the point of uninsured motorist coverage. You'll be bound by the terms of your policy so review it. But generally yes, if the at-fault driver is uninsured, you can make a claim against your uninsured motorist policy. You'll have to prove the other driver had no insurance. Generally an affidavit of no insurance, or a letter from the most recent insurer stating the policy had lapsed or was in some way not in force is sufficient.


Can you claim for damage to your car by another driver who is at fault without having car insurance yourself?

Yes


What insurance covers the driver who is at fault?

Assuming that the at-fault driver maintained it at the time of the collision, his/her auto liability coverage would be triggered.


Can an insurance company get money from an uninsured driver who was at fault?

They can pursue him civilly, and the not at fault driver can also sue for damages.


If an insured truck driver from another state hits an uninsured motorist will the insured truck driver's insurance pay the expenses of the uninsured person?

Only if the truck driver was at fault.


Is a driver with no insurance at fault in an accident?

He may be at fault for not having insurance. He may or may not be at fault for the accident. Whether or not a driver carries insurance is a separate issue than the one concerning who is at fault in an accident. Do not confuse them or let them overlap. A good, objective assessor won't.


If you have an accident other party admits fault no police report your insurance was lapsed will the other insurance cover your loss?

As long as the other carrier has accepted liability, they will owe for your damages whether you have insurance or not.