No auto insurance | effect on fault

by April
(indianapolis)

I was involved in an accident where the other party was at fault. This is on the record by the police report, admission by other party etc.

I, however, did not have any auto insurance. Indiana law does require either auto insurance or proof of financial responsibility. Rumors are that I am automatically at fault since I did not have any auto insurance and I am liable for all charges. Is this true?


Answer:

Hello April,

Nope. That is incorrect.

Fault is a factor of negligence, not a factor of who has insurance (or who does not). They are two legally different things. There is no negligence per se because you do not carry insurance. There is not a “causal connection” between the two. Please see the link below for the element of causation.

http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

However, there are some states (i.e. California) that bar your recovery (they don’t owe you anything) if you are not insured. It’s the “don’t pay, don’t play rule.” Barring your recovery is different than making you at fault. If you are at fault, you would owe for their damages.

Check with the Indiana Department of Insurance regarding the effect of a not insurance not at fault accident (if it bars your recovery.

http://www.in.gov/idoi/


Good Luck,

http://www.auto-insurance-claim-advice.com