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Automatically my fault because i had no insurance?
by Diane Donnelly
(fresno Ca USA)
Another car hit me, it is his fault as his carrier admitted. I know i can't ask for anything, but they want me to pay for his car, which was a scratch, but he got a new bumper.
Thier ins. carrier sent it to an attorney...which is very rude and pushy and telling me i have to pay because i had no insurance.
This is beside the point, but i feel better pointing this out.
As far as my insurance problem goes, I am not one to drive without insurance.
My son lived with me and our cars were on same policy, he moved out left me with all bills so he said he would pay the car insurance. His truck motor blew up and he didn't even think to pay insurance or tell me, i found out during the accident conversations that i had no insurance.
Fault is not a factor of whether you have or you do not have insurance. Fault is a factor of negligence. Please see:
However, California bars your recovery if you do not carry insurance on your car. They have the don't pay don't play rule. What we believe this means, and you would have to check with a local attorney, is that you cannot get paid for the damages caused to you. In other words, your own damages will be unpaid.
What we believe this does not mean is that you are at fault by a factor of not carrying insurance. In other words, you will not get paid for your damages (it was their negligence) but you do not have to them for theirs (again their negligence cause their damages).
Please contact a local attorney to double check if this is correct.
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