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Question

Got into a not-at-fault accident when I was uninsured

My car was uninsured since I am not driving it. My insured cousin was hit by another insured person while using my car. The other driver was found to be at fault. My 2003 103k mile Honda Accord EX is a total loss. Will I receive anything from the insurance of the person who hit my cousin in order to buy a new car?

Agent Answer

Ava Lynch

First, you should consider that insurance follows the vehicle not the driver. So even though your friend who was driving had insurance, you still need insurance on any registered vehicle that is on the road. Next, in the state of California, your insured status has nothing to do with defining fault. Although you’re required to have insurance in your state, if you were hit by someone else, and they were found to be at fault for the damage then their insurance policy should be covering your repair. I would recommend contacting the insurance company of the other driver to start the claims process. And you should get insurance coverage as quickly as possible to avoid having to pay for damage out of pocket if you are found to be at fault in a later accident.

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