What happens if you get in an accident and the other person doesn't have insurance?
Asked by: Dario Collier | Last update: January 13, 2026Score: 4.6/5 (18 votes)
What happens if both parties don't have insurance in an accident?
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.
What happens if someone wrecks your car and they aren't on your insurance 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.
Accident Law Group: What to do if you're in an accident and the other driver doesn't have insurance
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 ...
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.
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.
What happens if no one is at fault in an accident?
But what will happen if no one is at fault for your car accident? You can always file a no-fault car insurance claim. The insurance provider will compensate the policyholder and its passengers for the cost of minor injuries and loss of income regardless of who caused the accident.
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.
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.
How long do accidents stay on your record?
In the state of California, most vehicle accidents will stay on your record for around 3 years. However, more serious traffic violations will follow you for longer. For example, a DUI conviction will stay on your record for 10 years.
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.
Should I file a claim if I'm 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 if I have no insurance but not at fault?
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.
Will insurance pay out if it was my fault?
Who pays for an at-fault accident? If the situation is clear-cut, or one party admits that they caused the accident, the at-fault driver's auto insurance should pay for any property damage and medical bills, and in some cases compensation for other damages, such as pain and suffering.
Do 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.
Should I call my insurance if it wasn't my fault progressive?
Start the claims process
Regardless of who's at fault, it's a good idea to inform your car insurance company that an accident occurred.
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.
Is it worth suing someone with no money?
Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.
What happens if the person at fault in an accident has no insurance in New York?
Drivers who get into a car accident without insurance in New York may face penalties, such as having to pay fines or facing driver's license suspension. If you were injured by an uninsured driver, your no-fault insurance can cover certain economic damages such as medical bills and some lost wages.
What happens if someone borrows your car and gets in an accident?
Vehicle Owners Are Liable Under California Law
This law holds a vehicle's owner responsible for collisions caused by the driver of the vehicle – even if the driver is not the owner. Liability is determined by identifying the actual owner of the vehicle.
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.
Do my parents have to put me on their car insurance?
Do my parents have to put me on their car insurance? Only if you live with them. Insurers typically require all licensed drivers who live at the same address to be listed on a policy, especially if they frequently borrow each other's cars.
What happens if I let someone drive my car and they crash it?
When it comes to insurance coverage, policies in California typically follow the vehicle, meaning that your policy would cover damages even if someone else was driving your car. However, there are exceptions to this coverage, which we will discuss in the following subsections.