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.
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.
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.
You will be cited for driving without insurance and the other driver being at fault, him and his insurance are still liable for damages.
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.
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).
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.
Yes
Assuming that the at-fault driver maintained it at the time of the collision, his/her auto liability coverage would be triggered.
They can pursue him civilly, and the not at fault driver can also sue for damages.
Only if the truck driver was at fault.
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.
As long as the other carrier has accepted liability, they will owe for your damages whether you have insurance or not.