Do Both Parties Have To Have Insurance In A Crash To Get Damage Fixed?

I got into a car accident and It wasn’t my fault I have insurance, but the car is not mine and it don’t have insures the other car has insurance and the cops ruled it was her fault. Who pays for the damage of the car I was driving?

  1. 365 POINTS
    Michael Chrobak
    Insurance Agent, Farmers Insurance, San Francisco Bay Area
    The simple answer to this question is the driver who is determined to be liable for the accident is required to pay for damages, regardless if they have insurance or not.  If they do carry insurance, then their policy will pay.  If they don't carry insurance, and your policy includes Uninsured Motorist coverage, then your policy should pay for damage to your vehicle, minus any deductibles, and your insurance company will determine if they want to go after the liable party to recover their losses.
    If you were determined to be liable in this situation, then your insurance would be primary since the owner of the vehicle did not carry insurance.   Even though the other driver was determined to be at fault, you could have your insurance company handle the claim and they will go after the other driver's insurance company to recover anything they pay on your claim. 
    Your car should be covered, regardless of who is at fault in this accident, since you stated that both drivers carried insurance.
    Answered on May 20, 2014
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