Driving Without Insurance: What Happens if You are in an Accident

My daughter was driving without insurance and was involved in an accident where the other driver was at fault. Does her lack of insurance preclude her from claiming damages by the other party? - Cynthia M.

Although I would never advise anyone to drive without insurance, and your daughter should purchase a policy as soon as possible, if the other driver was at fault, then it makes no difference whether or not your daughter had insurance.  If she has damages to her vehicle, and/or injuries, she is entitled to make a claim against the at-fault driver’s insurance company. This, of course, is assuming she does not reside in a no-fault state.  If she does, in most no-fault states she would need to have her own auto insurance to take care of the damage to her vehicle, and could only make a claim for injuries if her injuries are fairly serious.  She would have to check the specific requirements in her state.

Lori Mandell is an attorney, writer and editor. Her specialty areas include insurance, personal injury and estate matters.

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