What happens if I have no insurance but not at fault?

Asked by: Johnathon Shields  |  Last update: December 4, 2025
Score: 4.5/5 (23 votes)

If you're not at fault in a car accident but don't have insurance, you can still seek compensation from the other driver or their insurance provider. However, you may face penalties for driving uninsured, and obtaining compensation could be more challenging if the other driver has minimal or no insurance coverage.

What happens if you are not at fault but don't have insurance?

California is also a “no pay, no play” state, which means that if you are uninsured and not at fault in an accident, you cannot sue the insured at-fault driver for non-economic damages, such as pain and suffering or inconvenience.

How does insurance work if it's not your fault?

Who pays in a no-fault accident? If there's an accident between two drivers, each party's PIP coverage typically pays for their respective medical bills and/or wage loss up to their policies' limits, no matter who caused the accident.

Should I file an insurance claim if I am not at fault?

Always File a Claim, Regardless of Who Was At-Fault

One of the primary questions we receive from clients who have been in an accident is whether they should report the accident to their own auto insurance carrier, particularly when the accident was not their fault. And the answer to that question is: always.

What happens when both parties don't have car insurance?

Pursuing a Legal Case

If neither party in a car crash has insurance, it is critical to speak to an attorney about your legal rights and options. The evidence may end up showing that the other driver was responsible for the accident, meaning that he or she owes you money rather than the other way around.

Had A Car Accident But It's Not Your Fault? No Insurance? | Atty Edward Reyes - Personal Injury

25 related questions found

What to do if no car insurance will take you?

If you're denied insurance, the first step is to call another insurer—different companies have different parameters. However, if several insurers have denied you, you may need to consider these options: Join a state assigned risk pool – Auto insurers participate on a voluntary basis in state assigned risk pools.

What happens if someone who isn't on your insurance crashes your car Progressive?

Allowing another licensed driver to borrow your vehicle is known as "permissive use," which means you give someone, who isn't listed on your car insurance policy, permission to operate your vehicle. If they're involved in an accident, your auto insurance may pay for the damages and injuries, up to your coverage limits.

Should I let my insurance know if it wasn't my fault?

Yes, it is generally advisable to notify your insurance company even if the accident wasn't your fault. Most insurance policies require policyholders to promptly report any accidents or incidents, regardless of fault.

Is it better to use your insurance or theirs?

After a car accident, you should notify your insurance company and file a claim, and not deal with the other driver's insurer. Except in rare circumstances, it is not wise to contact them. Your insurance company represents you, and the other driver's insurance company represents them.

How do insurance companies go after uninsured drivers?

If the at-fault party is uninsured, the insurer may pursue subrogation against the driver personally.

Do you get money from no-fault insurance?

So let's start with a basic definition: no-fault insurance, sometimes referred to as personal injury protection insurance (PIP), can help cover you and your passengers' medical expenses and loss of income in the event of a covered accident, regardless of who is found at fault.

Do I lose no claims if it wasn't my fault?

Does a non-fault claim affect my no-claims bonus? It might sound unfair, but you can lose your no-claims bonus for an incident even if it wasn't your fault (unless you've got a protected no-claims bonus). After all, it's a “no-claims bonus”, not a “no-blame bonus” – and a claim is a claim, regardless of who's at fault.

Should I call my insurance if it wasn't my fault Geico?

Depends, but always tell us about any accident that happens. If the other person is at fault and there is no dispute you may be able to file directly with them.

Is it worth suing an uninsured driver?

Suing the uninsured driver might not be worth it unless they are financially capable of satisfying a judgment. After a crash with an uninsured or underinsured driver, contact a car accident lawyer about your legal options.

Is no-fault insurance worth it?

While most types of car insurance cover bodily and property damage, no-fault insurance is particularly handy when the other party involved in the accident caused it and has no insurance to cover your medical expenses.

Will my insurance go up if I get hit by an uninsured driver?

However, under California's proposition 103, insurance companies are not allowed to raise rates or drop a person because they made an uninsured motorist claim.

Do I call my insurance if I'm not at fault?

Yes. Regardless of fault, it is important to call your insurance company and report any accident that involves injuries or property damage. It is a common myth that you needn't contact your insurance company if you aren't at fault.

Can my son drive my car if he is not insured?

Most insurers cover someone else driving the policyholder's car with their permission once in a while. But, if you're going to start driving one of your parent's cars regularly, you'll need to be added or named on their auto insurance. You can't legally drive your parents' car without any insurance at all, either.

What to do if someone claims you hit their car?

What to Do If Someone Falsely Claims You Hit Their Car
  1. Evaluate the Situation.
  2. Speak to the Other Party Politely.
  3. Take Photos and Videos.
  4. Gather Witnesses.
  5. Check for Nearby Cameras.
  6. Report the Incident.
  7. Explain Your Side Clearly.
  8. When to Consult an Attorney.

When someone hits you, do you call your insurance or theirs?

For example, if your car repair damage is $19,000 and the other driver's insurance covers up to $15,000, you still have to pay $4,000 in repair bills. In this case, your car insurance company may cover the costs resulting from this underinsured driver. This is why you should call your insurance if someone hits you.

Does insurance go up even if it's not your fault?

Some may raise your premiums by 10 percent, while others may charge you only 2 percent more. In addition, certain states, such as California and Oklahoma, don't allow insurance companies to increase rates after a non-fault claim.

What happens if I'm not at fault but don't have insurance?

As far as paying for damages, if you're not at fault, then it's the other driver who pays for a car accident if you don't have insurance. You're entitled to make a claim with the other driver's insurance company to cover your medical bills as well as repair costs for your car.

How to file an insurance claim when not at fault?

If you have the information from the other person involved in the accident, you may call his or her insurance company to file your claim. Some companies may also offer online claim reporting. If you have an insurance agent, he or she may be able to help you through this process or provide you with more information.

Can my wife drive my car if she's not on my insurance?

Usually, yes. Your car insurance coverage should be able to extend to anyone else driving your car. Even if someone isn't listed on the policy, they can operate your vehicle. If you explicitly name someone as an excluded driver in your policy, however, none of this applies to them.

What happens if I let someone borrow my car and they crash?

Usually, a car insurance policy covers the vehicle itself, not the person driving it, and that means the liability coverage (which is required by California law) should cover the friend. California is an at-fault state, which means the driver responsible for an accident is the one whose insurance will be the primary ...