Question

Can insured party use their own coverage after not-at-fault accident?

What if an accident occurred and one of the party's had insurance and the other did not, can the not-at-party use their own insurance to cover the damage since the at-fault party was uninsured? The driver who was at fault car was totaled and towed away. The insured motorist drove away and had no visible damages. Now the not-at-fault is claiming 11k in damages. This is hysterical, not true at all. Now insured wants to file a claim in the amount of $11,000. The uninsured doesn't have these funds available. What should they do?

Aug 21, 2018 Albuquerque, NM

Answer
Ava Lynch

Aug 21, 2018

I don't really have any resources for you. The uninsured driver who is at fault in the accident will be responsible for the damages. I would suggest seeking legal advice for the uninsured drive because the insurance company can seek legal action against the at-fault party to pay for the damages. There also may be legal consequences such as a license suspension, fines, and other legal requirements.

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