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In the state of California, is an uninsured motorist automatically at fault even if they were hit by another driver?

I was hit by a vehicle and I do not have car insurance. It happened in a Walmart parking lot, but they backed into me. Who’s fault is it and who has to pay for the damage?

Agent Answer

Neil Richardson

In California, your insurance status does not have anything to do with fault after an accident. While it is technically illegal to operate an uninsured vehicle on public roads, fault is still determined for insurance purposes. 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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