The fact that you have no insurance, although unwise, should not be a contributing factor considered against you. Now, the real problem that would come into play is if the at-fault party also has no insurance.
Disclaimer: I am a lawyer licensed in the State of Texas only and I am not your lawyer. This communication is not intended as legal advice and creates no attorney client relationship. Please consult your own attorney for legal advice.
The other attorney is correct. The fact you have no auto insurance does not factor into liability of who was at fault nor can it be used against you. However, you could be given a ticket for this as Alabama law requires you to carry car insurance. One other problem could be that if the other driver does not have auto insurance then your damages (property & personal injury) will not be paid by your own uninsured motorist and/or comprehensive coverage. I would strongly encourage you to get auto insurance to cover you in the future.
I am sorry to hear about your automobile accident. Your lack of insurance should not have any effect on who is responsible for the accident. That being said, you may receive or be subject to other penalties (such as a ticket/citation) for your failure to keep insurance on a registered vehicle. I highly suggest that you contact a local Personal Injury Attorney and ask for a consultation to make sure everything is considered. Further, I suggest you consider buying insurance ASAP to avoid this situation in the future, and to comply with applicable law. Good luck.
THIS RESPONSE DOES NOT IMPLY OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS IMPLIED OR CREATED BY RESPONDING OR FAILING TO RESPOND TO THIS RESPONSE. THIS RESPONSE DOES NOT PROVIDE LEGAL ADVICE. FOR LEGAL ADVICE, YOU SHOULD CONSULT AN ATTORNEY.
All good advice. I think the real issue will be the witnesses, if any, and the police report, although it is not admissible in court. In reality, if you were not injured, you are looking at a property damage claim only, and if they have no insurance, you will have to try to sue and collect from them personally. You may want to check out our legal guide at http://www.avvo.com/legal-guides/ugc/you-may-not-need-an-attorney.
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