No, but they will be liable for a citation if the police are called.
Fault for the collision is based upon negligence. This can be founded upon carelessness (i.e. not yielding right of way), or violating a traffic regulation.
Not having insurance does not equate with fault for collision. However, if the law if the jurisdiction requires one or more types of auto insurance, which it likely does, a citation will probably issued for that.
California Vehicle Code Section3333.4 States:
If you have no liability insurance covering you for the operation of the vehicle that you were driving at the time of an accident, you get no money, zero compensation or your pain and suffering. Not a penny more than your reasonable medical bills. Period. End of story. (The only exception to this hard and fast rule is if the at-fault driver was convicted of driving under the influence pursuant to California Vehicle Code Section 23152 or 23153).
To add insult to injury, driving without insurance will subject you to having your car impounded, temporarily losing your driver's license and paying a hefty fine. See California Vehicle Code Section 16029 for further details.
Bottom line: If you're going to drive in California, get auto insurance.
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.
Who is at fault has to do with the accident itself not the insurance coverage. A police report of the accident and looking at the proximate cause of the accident help determine fault.
Sue
Typically, the uninsured driver will be cited for it, and your insurance co. is liable for the damages.
yes
It does not matter to an insurance company that the other driver had a suspended license. Liability is determined by the factors of the accident and the evidence put forth. The fact that the other driver had no license does not affect liability or the handling of the claim.
Liability insurance financially protects a driver who is not a fault in an accident by paying for damages. It will protect the driver who is at fault from being sued for damages.
The at fault driver is responsible regardless of who has or does not have insurance. You were at fault, you get the bill. Fortunately though you have insurance. So they get the bill.
The driver at fault is always responsible for damages incurred during an accident. The at fault insurance company is responsible for damages to your car.
If a taxi driver hits you, and its his fault, the cab company's insurance pays.
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.
Shouldn't do provided other driver is identified.