Involved in an auto accident that was not my fault. However I had no insurance at that time. the at-fault driver does have insurance but won’t pay

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Involved in an auto accident that was not my fault. However I had no insurance at that time. the at-fault driver does have insurance but won’t pay

I had right of way and the other driver pulled out from a stop sign into my path. Her insurance company refuses to pay for my damages because it says I contribute to the accident. the police report states she was 100% at fault. However, I did not have insurance at the time of the accident. Is it because I had no insurance that I contribute to the accident

Asked on April 30, 2009 under Accident Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am NOT an Alabama lawyer so I don't know what Alabama law says about the right of an uninsured driver to sue for an auto accident, or if driving without insurance is illegal or a crime in Alabama as it is in some states.

But in a few states if the trier of fact (a judge or jury) finds there is ANY fault (negligence) on the part of one party no damages can be awarded to that party.

In MOST states a party partially at fault can still sue, so long as the other side was more at fault, but the recovery is reduced proportionally to his/her fault.

In most states driving without insurance is not regarded as "fault" as such as the fact that you were driving is not what caused the accident. But speak with an Alabama accident lawyer; the consultation is free if you consult a featured personal injury or auto accident lawyer listed on  www.AttorneyPages.com.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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