Can the other insured driver be liable even if I was at fault? 3 Answers as of June 06, 2012

I was in an auto accident, my fault. She didn't want to call police. Found out later because she let her insurance lapse. Can she be liable for my damages due to the fact that she broke the law and drove without insurance? Can she file a claim with my insurance without a police report?

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Alvin Lundgren | Alvin Lundgren
Just because she does not have insurance does not make her responsible for the accident. She is liable for failure to maintain insurance. You are responsible for the accident.
Answer Applies to: Utah
Replied: 6/6/2012
Pearson, Butler, & Carson, PLLC
Pearson, Butler, & Carson, PLLC | Matthew R. Kober
If there was no police report filed, the only people to determine who was at fault would be the witnesses and the statements made by the witnesses to the insurance company. The facts of the case might help determine liability as well, for example if it was a rear end collision, typically the person in the back is liable. The insurance companies would do an investigation on their own to determine who was at fault. If either person disputes that determination, you would have to go to court and have a judge or jury decide. But you do not necessarily need a police report although it is helpful.
Answer Applies to: Utah
Replied: 6/6/2012
Law Office of Russell D. Gray, PC
Law Office of Russell D. Gray, PC | Russell D. Gray
No. The person who caused the accident is legally liable for it, regardless of who has or does not have insurance.
Answer Applies to: Utah
Replied: 6/5/2012
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