Auto Insurance Claims: Rear eneded in ky, no insurance does not mean at fault


Question
Recently I was rear ended while waiting to turn. The lady behind me didn't stop when she hit me. My question is I have no insurance, but the other driver did. Where do I stand? Please any advice would help are we responsible for the other vehicles damages.

Answer
I am sorry for the delay, it was a holiday weekend and we have been extremely busy!  Whether or not you are at fault is not determined by whether you have insurance or not.  You could receive a citation for failure to prove financial responsibility, but that doesn't make you at fault for the accident.  Does that make sense?  You can file a claim with the other driver's insurance company and the insurance company will investigate the matter.  If they find that she was at fault, then they will likely pay you for your damages.  If you believe she is at fault or negligent, you could file a lawsuit against her and let a judge or jury decide.  Most states have a small claims court that is perfect for these matters.  If you win, the insurance company will likely just pay your claim.  You must be able to tell the court where the other lady lives in order to sue her and get her insurance company to pay.  Just file a claim, you may have no problems getting paid.  If you do, then you can always do some more research and figure out how to press the matter in a small claims court (which is pretty easy).  

I hope this helps.