What happens if the person at fault does not have insurance?
Asked by: Kirstin Pfeffer I | Last update: December 10, 2025Score: 4.9/5 (63 votes)
What happens if the other driver is at fault but you have no insurance?
In situations where you are not insured but the other driver is at fault, you can still file a claim against the at-fault driver's insurance company for damages. Your lack of insurance does not negate your ability to pursue compensation under California law.
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.
What happens if you don't get someone's insurance after an accident?
Penalties For Failing to Exchange Insurance Information
In California, there are penalties in place for drivers who refuse to provide insurance information after an accident. If someone refuses to give the necessary details, they're committing an infraction and could face a $250 fine.
What happens to uninsured drivers involved in accidents?
If the uninsured driver is found to be at fault for a collision, they may be held personally responsible for payment of any damages. If they cannot afford to pay for repairs, then the vehicle owner may have to pay out of pocket.
The Person Who Hit Me Doesn't Have Insurance! What now?
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.
Will insurance companies go after uninsured drivers?
While insurance companies may pursue uninsured drivers to recover claim costs, the process can be complex and time-consuming. Uninsured drivers involved in accidents should seek legal counsel promptly to protect their rights and explore possible compensation avenues.
What happens if you don t file insurance claim after accident?
If you fail to report a car accident and another party later makes a claim against your insurance for compensation, your insurance company could say that you never reported an accident and refuse to make good on your coverage. Then, you would have to pay out of pocket.
Do I call the other person's insurance if they hit me?
Even in at-fault states, where the other driver's insurer pays, there are several reasons why you should always call your own auto insurance company first, including: Some insurers will help you negotiate a settlement with the other driver's insurance company.
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.
What happens if the person at fault in an accident has no insurance in California?
Legal Action: The other party involved in the accident may pursue legal action against the uninsured driver to seek compensation for damages. 3. Increased Penalties: In accidents, the penalties for driving without insurance can be more severe, potentially resulting in higher fines and extended license suspension.
What happens if you don't pay for a car accident?
A few things could happen if you are sued for a car accident and cannot pay the resulting judgment. The court could garnish your wages, put a lien on your property, or order you to sell assets to come up with the money. If you still cannot pay, you could be sent to jail.
What happens if another driver refuses to give insurance?
Failing to abide by these requirements leads to penalties, including fines. More significantly, if a driver intentionally refuses to provide their insurance information, it can be considered a misdemeanor under California law. This can lead to further legal consequences, including potential criminal charges.
Who generally pays more for car insurance?
Men tend to pay more for car insurance overall, though the difference is slight — about 1%. The difference is most pronounced for teens and young adults.
Do I have to provide 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.
Do I have to tell new insurance about an accident?
When you get a car insurance quote, you are typically asked to disclose any recent accidents or traffic violations you previously had. A pending or open claim with your current insurer could jeopardize your ability to get coverage with a new company until that claim is resolved.
Do you need a police report to file an insurance claim hit and run?
If no one was injured in the accident and property damage is minor: You have no legal obligation to report the accident to the police under California law. However, filing a police report is still in your best interest if you plan to file an insurance claim for any property damage sustained in the collision.
Who is at fault in a non-reportable accident?
Non-reportable just means the damage was below a certain $ determined by your state/county/city/etc. to be reportable. This does not mean you aren't financially liable for the damage you caused to the other. The other driver certainly has every right to file a claim against your insurance.
What happens if you don't call insurance after an accident?
Failing to contact your insurance company shortly after being in a car accident can lead to them denying your claim. Waiting to contact your insurance company can also make it more difficult for the insurance company to investigate your case, which could lead to you receiving a lower settlement amount.
Can I sue if I didn't have insurance?
The fact that you don't have car insurance doesn't mean you are automatically responsible for the accident. Sure, it's against the law to drive without insurance, but you can still sue when you're injured by another driver in most states.
Should I file a claim if I'm at fault?
If you damage someone else's vehicle during a significant collision, and you're at fault, you should always file a claim.
What happens if someone who isn't on your insurance crashes your car in California?
Insurance Follows the Car, Not the Driver
Insurance follows the vehicle, so if someone else drives your car and gets into an accident, your insurance will handle the claim. This is known as permissive use — your policy covers the damage, not theirs. However, there are some exceptions to this rule.
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.
Who is considered an uninsured driver?
An uninsured motorist is someone without auto insurance. Chances are about one in seven drivers in the U.S. is uninsured, according to a 2011 estimate by the Insurance Research Council. Uninsured motorist coverage helps you pay for damages caused by a driver who doesn't have car insurance.