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As a rule the driver who does not take reasonable care is determined to be at fault.
What happens if the person at fault does not have insurance. If the other driver is definitely at fault but not insured ensuring they pay for the damages can be a challenge. When its not clear whos to blame an insurer generally conducts an investigation to assess liability. What Happens If You Are In A Not At Fault Car Accident.
Thats why most states require drivers to carry a minimum amount of liability coverage. If you have sustained catastrophic injuries and are in need of ongoing care an underinsured drivers policy may not be able to help you. Even if youre not at fault you can make a claim with your insurance company for payment of damages and injuries -- if you have the right coverages.
If you were the at-fault driver in the accident and you dont have insurance youll have to pay out of pocket for any damage or injuries you caused even though you dont have coverage the other driver has the right to recover damages from you meaning they can sue. When the at-fault party is underinsured or has no insurance recovery is very difficult. Never reach out to another insurance company on your own.
Maybe its unfair but not-at-fault accidents can cause your rates to riseEverything depends on the policy of the insurance company for not-at-fault accidents and the law in your stateSome states forbid this act and prevent the insurance companies to raise your rates if you were part. If you dont have comprehensive car insurance you wont be covered for property damage to your own vehicle. There are two potential ways you can approach the situation depending on what you think will work best for you.
Whoever is responsible for a car accident is typically the one required to pick up the bill and in the case of people who are at fault and have no insurance other than CTP you will likely have to pay for any damage out of pocket. This is a tremendous breach of trust if not a breach of contract. Sort out the cost of the damage between yourselves.
But even if you have both forms of liability insurance it still might not be enough. Youre only covered if youve got uninsured motorist coverage UIM or collision coverage added to your auto insurance policy. If you have collision insurance file a claim with your own carrier.