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Neither party had insurance...Now what to do?

Birmingham, AL |

My friend was recently in a car accident. Apparently, neither her nor the other driver had insurance; and the other driver was without a driver's license. Her car rear-ended a car after it abruptly came to a halt in a "yield" lane (at the time there was NO oncoming traffic and thus no reason for the abrupt stop). Anyways, the other party recently had her lawyer contact saying that they intended to sue her. However, I remember a few years back that in Alabama if NEITHER party had auto insurance then they were both considered at fault and only had to pay for damages to their own cars. Is that the case here?

Thank You.

Attorney Answers 3

  1. Not having insurance does not determine who is at-fault.

  2. No. Fault would need to be proven.

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  3. Lack of insurance does not automatically determine fault. If that were the case, Alabama would probably have a much lower rate of uninsured motorists on our roadways. Most people don't appreciate the value of auto insurance until they are involved in an accident. Strongly encourage your friend to get both auto liability and uninsured motorists coverage (preferably with high policy limits) as soon as possible.

    I am an Alabama attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. This is for informational purposes only and should not be considered legal advice. If you require legal assistance, an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.