Two uninsured vehicles collision - fault?

two uninsured vehicles collide in a no entry single lane street and there was no police report made does this make both drivers responsible for paying their own damages.

Answer

Hello there,

The answer is no. Insurance and Fault do not correlate in this situation. Fault is a factor of negligence and having or not having insurance is not a factor negligence. See more about fault here:
http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

Both parties have duties and both parties should have been looking, driving at the speed limit, if they were not, then both parities might be partially at fault (regardless of whether they had insurance).

Depending on your state, your might be able to collect for 40% of your damages, but might have to pay for 60% of theirs (only an example). Sometimes, 40% of your damages is more money than 60% of theirs. It depends on your car and what damages were done.

Again, your state law will control this. The only exception to what I am writing that I am aware of is California.

California has the don't pay don't play rule, which means that as you stated, people without the required liability insurance must pay for their own damages.

I hope this helps

Subscribe to our Blog