You will definitely want to seek the advice of an attorney. Just because the At Fault driver doesn't have insurance, doesn't mean they are not responsible for damages. If you have a strong case, you may wish to move forward with a lawsuit - to which there may be an out-of-court settlement.
If the person you're planning to sue doesn't have any money, you may just be spinning your wheels because they won't even have the funds to pay any settlement. Choose your battle.
Yes. The terms of your insurance policy are not relevant if the other party is at fault.
It depends on what type of insurance policy you have. Some states have the "no-fault" insurance policies wherein the insured party may be compensated regardless of who is at fault in the accident.
In the UK, if you are involved in a Road Traffic Accident that is not your fault but you are not insured for third party, the law assumes you are at fault and you may face civil action from the injured party. You may also face criminal charges for driving without insurance.
Yes. It is the responsibility of the at-fault party to pay for the damage caused in an accident, regardless of the license or insurance status of the not at-fault party.
You will probably receive a citation for driving while suspended. If you were not at fault for the accident, the other party involved should have insurance that will cover your loss or damage that resulted in the accident. It is a good thing that you were not at fault in this accident.
Most no fault insurance laws protect the not-at-fault party. Your insurance will indemnify your loss and penalize the un-insured motorist. DO NOT make outside deals with an uninsured person after an accident as this limits your ability to make claim.
Whether or not either of you have insurance has nothing to do with determining fault. One of you is at-fault and it is the responsibility of the at-fault party to pay for the damage they caused. Regardless if you are insured or not, if you are not at-fault in an accident you should retain an attorney and sue the at-fault party.
Florida's no fault car insurance pertains to medical payments. The insurance states that the insurance company will pay for your bodily injury claims regardless of who was at fault for the accident. Damage done to property (i.e. the car) would still be covered by the at fault party. The Florida no fault car insurance is a benefit because one does not have to worry about not having their medical needs covered because the accident was the fault of the other party and they do not have sufficient insurance.
yes,because i might be covered with the third party
Yes, The at fault party is responsible.
Liability insurance for drivers is a requirement in the state of Mississippi. The other party involved in this accident does not have insurance. I do have liability insurance. The accident was not reported although law enforcement was called and an accident report was completed. The other party now wants me to fix her automobile. What are my rights in this situation?
No, if it is your fault you are not eligible to received diminished value from your insurance company. It has to be a third party claim, ie the party at fault's insurance company pays the damages if you can recover them.
Let your insurance company know everything that you know about the accident and about what the other person's insurance company has proposed, and then let your insurance company handle the rest. If the other person was 100% at fault for the accident, your insurance company has a very powerful incentive to reject the counter-party settlement offer of a 50/50 split. Let your insurance company know everything that you know about the accident and about what the other person's insurance company has proposed, and then let your insurance company handle the rest. If the other person was 100% at fault for the accident, your insurance company has a very powerful incentive to reject the counter-party settlement offer of a 50/50 split.
If the other party has insurance, then their company needs to pay off the balance. you are but you can sue their insurance for the loss but the creditor will expect you to owner the contract(the loan)
Only if you have Uninsured or Under-insured motorists coverage. If so, your insurance company will pay the damages and will legally pursue the other party to recover the funds.
You either get the at fault party or their insurance to pay or you have a wrecked car.
If you are truly not at fault and the other insurance company is admitting liability then you should have no problem. As a side note I have heard of periodic rumblings that some states may enact a "pay to play" law. This would mean that even the "not at fault" party in an accident would have to have a valid insurance policy at the time of the accident in order to receive payment from the "at fault" driver's policy.
An insurance company can assign fault regardless if a police report is filed or not. A police report is simply a report made by a neutral party at an accident scene. I believe there have been cases where insurance companies have assigned fault to one party when the opposing party was initially named at fault in a report.
No. The person driving is the responsible party.
Then it's time for a lawsuit.
If you have collision coverage on your vehicle you can collect from your insurance company for the damages. You will not have to pay the deductible if you were determined by the insurance company to not be at fault for the accident. They then go after the other insurance company to get the money they paid you back. If you do not carry collision coverage then you need to file with other insurance company, they will then decide who was at fault for the accident if their party was at fault they then pay you for the damages to your vehicle.
Auto insurance consists of both liability insurance and physical damage coverage. Collision coverage is part of the physical damage section of an insurance policy and is designed to either repair or replace your vehicle if you are involved in an accident up to the fair market value of the vehicle. Collision will pay for both damages caused in an at-fault accident and damages caused in a not at-fault accident if the other party did not have insurance. If the other party did have insurance and they were responsible for the damages, the other party's liability insurance would pay for your vehicle damages through Property Damage coverage. You are responsible to pay for your collision deductible for at-fault accidents before a claims payout will be made.
I would get your insurance company involved, they are there to keep this from happening.
The reason you need car insurance is for protection for both you and other parties. Without insurance, if you were involved in an auto accident, you would have to take the responsible party to court, which cost you time and money. Insurance covers this cost, as well as it finicially protects you. if you were found at fault for an accident, and did not have insurance, you would be responsible for all the damages and medical expenses for all parties involved. This could end up costing you several thousand dollars, which most of us could not afford. Insurance covers this cost, as well as insures that if you are injuried in an accident that wasnt your fault, that you are fully compensated for your injuries