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I was involved in an accident and the other driver was uninsured, unlicensed, possibly an illegal and the vehicle was not registered. The accident was not my fault, but the CHP is saying I was more to blame than the person who hit me. I was stopped and was rear-ended and pushed into a truck. I thought that if you didn't have a license, insurance or vehicle registration that the accident was automatically your fault. Is this correct?

In general, just because a driver is unlicensed, uninsured and the vehicle they are driving does not have current registration does not make that individual at fault in an accident. Fault is usually determined by an investigation into the accident, including speaking to all of the drivers involved and any witnesses.

State laws differ but normally being without a valid license, driving without insurance in an unregistered vehicle is illegal but does not automatically place fault on a person if they are involved in an accident. The person should be cited for all of these items by the CHP or other law enforcement officer that comes to the scene of the accident and thus the motorist with these violations will have to face the penalties for offenses.

Penalties for these offenses vary by state but can include fines, the impoundment of the vehicle and suspension of the driver's license and registration. In some states there may also be jail time. 

You mentioned that the CHP said you were more to blame then the other party. If you are in a state that has comparative negligence laws then it may be that both you and the other party will both be found at fault for the accident. Comparative negligence means that there is a percentage of fault shared by each driver in an accident in which both contribute to causing the collision. Regardless, since there is no coverage it appears you would need to file this under your policy.

For information on how to Give Your Auto Policy a Tune Up or other helpful insurance articles look at our Learning Center.

 

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This car insurance answer was last updated 3:45 PM Nov-07.
This claims question was asked 12:19 PM Nov-01-2006.
Salli requested this car insurance help from CarInsurance.com experts.
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