Whether or not a driver has insurance on their vehicle at the time of the crash has no bearing on who is responsible for the crash. Fault is determined by looking at the actions or inactions of the drivers. Driving without insurance may result in a driver’s license suspension, but it will be no factor in determining fault of the drivers. In fact, if your claim were to proceed to a jury trial, the rules of evidence say that a jury cannot even be told whether either driver had automobile insurance at the time of the crash.
