First off, sorry this happened to you. A car crash never makes your life easier, and can be very frustrating. There are multiple obstacles to navigate following a car crash. So far, you have described some facts and given some details that we can overcome. However, they really bring more questions to my mind. First off, when did this happen? How have you been doing since? Were you hurt? Also, I'd like to know more about the type of car insurance you carry and specifically if you carry uninsured motorist coverage.
This type of case has more obstacles than a person can usually overcome on their own. I suggest you sit down with an attorney who regularly handles car accidents. The attorney should be willing to meet with you free of charge, no strings attached, and then work on a contingency. That means, the attorney will not charge you personally, but rather receive a percentage of any insurance settlement.
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The fact that he had no insurance does not factor in to whether or not he was at fault. But it sounds like from the facts that he was. If you were injured, consult with an experienced AZ personal injury attorney ASAP.
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If you sustained injuries and have UM coverage, which everybody should have, a local personal injury lawyer can go after your UM.
Ultimately fault is up to a jury or judge to decide, but merely having no license does not make the other person automatically at fault
Just because a person does not have insurance does not mean that person is at fault. The other driver will be ticketed for having no proof of financial responsibility. However, you will need to file an uninsured motorist claim with your auto insurance carrier. They then will pursue a subrogation claim against the non-insured driver. However, you should seek counsel with an experienced personal injury attorney to assist you. Do not try to handle this matter on your own.
Whether or not he had insurance is not relevant to whether he was at fault. However, if he had no insurance, and he was at fault, you can sue your own insurance company under the Uninsured Motorist Provisions. UM covers two scenarios: (1) when an unknown, phantom driver commits negligence and hits you with his car; and (2) when a known driver without insurance hits you with his car. So get an experienced personal injury attorney in your area and go after that UM coverage.
Fault and insurance are two different things. If he received a ticket, it is likely the officer found him to be at-fault based on the information provided to him at the scene. If he is uninsured, your only option would be to go after him personally (meaning suing him and trying to collected from his assets/property, etc.), or to make a claim against your own insurance under the uninsured policy provision - provide you have that coverage. You should seek legal advice regarding what your options especially if you were injured.
This response does not establish an attorney-client relationship and is not meant to be providing legal advice. Seek counsel to fully understand your rights and options.
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