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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.

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Q: Shouldn't a driver with no insurance be at fault when they have an accident?
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Related questions

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.


Someone hit you an Neither I or other driver has insurance on our car who is at fault?

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.


How can I recover damages from a car accident when the fault driver has no insurance?

Sue


What happens if the driver who is not at fault for an accident does not have insurance in California?

Typically, the uninsured driver will be cited for it, and your insurance co. is liable for the damages.


In Michigan if you are in an accident not at fault and have liability insurance only is the driver at fault responsible for damages to your car?

yes


How does the insurance company of a licensed driver look at an accident where the driver they covered is at fault in an accident where the driver not at fault has a suspended license will the insuranc?

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.


What kind of protection does auto insurance give?

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.


If you had an accident that was your fault you have uninsured motorist coverage the other driver was uninsured do you have to pay all the costs?

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.


Your son who has a car and his own car insurance used your car for the weekend he was in a accident the fault so far lies with the other driver whose insurance is responsible for the damages to your c?

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 your car is it the drivers insurance or the owners insurance that covers the accident?

If a taxi driver hits you, and its his fault, the cab company's insurance pays.


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.


If an accident is not your fault will it affect your insurance rates?

Shouldn't do provided other driver is identified.