No according to the law (which may be different from state to state) The uninsured motorist is always At Fault
In most cases if you are fully insured then your insurance will pay for the uninsured driver's car. However if it is only a third party insurance then most likely you have no cover if it is your fault. However it depends on the insurance company and the policy that you signed.
Yes, this is because as you stated, the insured driver was at fault. The at fault driver is responsible regardless of the insured status of the person they hit. A good rule of thunb is this,, If they had insurance would I be responsible If the answer is Yes, then the answer is still Yes
If the accident was caused by the uninsured driver than the uninsured driver is definitely still responsible.
If it is the uninsured driver's fault in the accident, you can still file a lawsuit against the uninsured driver but you'll only be able to recover from their personal assets, which in many states won't be much because many states allow you to shield many personal assets from this sort of recovery. You will also be filing a claim against your own Uninsured Motorist (UM) coverage on your insurance policy.
You may get a ticket for no insurance. But you can still file a claim under the at fault drivers auto insurance.
You may be able to collect. The only case in which you would possibly not be able is if the state you are in requires you to be insured also. In that case you would have been breaking the law. If you were required by law to have insurance than you shouldn't have been there. You would need to speak wit an atty who is knowledgable about the laws in your state. Yes. The legality issue of the uninsured driver is a totally different issue than the legal responsiblility of the driver at fault for damages incurred in the accident. The uninsured operator will still be subject to penalties as established by the laws of the state in which the accident occurred.
assuming you are insured, you still file a claim with your company (again assuming you have collision coverage on your vehicle) they will repair your car under that coverage and attempt to collect or subrogate the at fault party.....if you are uninsured some states (mine-Missouri) you can file a state report ask for an adm. hearing to determine fault for the loss and get a judgment for that loss........beware however if you are uninsured and your state requires insurance (don't they all?) you're busted too......
You do not have to pay the deductible if the other person's insurance is paying the claim. If you put the claim through your insurance, and do not have uninsured, underinsured motorist protection then you will have to pay the deductible regardless of who's at fault.
Assuming in this instance the uninsured driver is the one at fault, he or she is still liable for any property damage & personal injuries that may have resulted from the accident. The injured party will make a claim against his or her uninsured motorist policy. But that insurance company can, and often will, sue the uninsured driver.
No, the insurance company when settling the claim will have you sign a waiver of damages for their insured before giving you a check.
Uninsured MotoristUninsured motorist is pretty much insurance where if someone hits you and they lack auto insurance, your insurer will still pay damages for your car.
Is car insurance still valid on a persons car if the insured person has died