I Was Uninsured, But Claim I Was Not At Fault

[Kassien]

My question involves a traffic accident in the State of: California
I was backing out of a parking spot, saw the other driver coming. Stopped, put the car in drive (because I had cleared the parking spot enough to go forward , about 3/4 or slightly more out of the spot), and waited to see the other drivers response. She tried to squeeze between the space between the rear of my car and the rear of the car parked behind me, and while trying to navigate the sharp turn she collided with me. She claims I did not stop backing up. I claimed I was stopped. At the time, I was uninsured because I was dealing with a divorce and there was a mix up on who was paying that bill. BUT, my insurance carrier still sent me a Insurance card saying that it was extended for the next 6 months. I did not find out I was uninsured until after I went to go file a claim, and in-fact gave the other driver the RENEWAL information. It was in a private parking lot, no witnesses to the accident, and no police file reported.
Would I be at fault because I was uninsured? Or would it be a decent claim to say that because the insurance company sent me the renewal card?

[cyjeff]

You would be at fault because you were uninsured and because you were backing up at the time.

Yes, I know you were going forward or stopped. Why didn't you pull all the way back in? You were blocking traffic.

[Happy Trails]

When a person is not insured - it does not mean that they are at fault for an accident.

In other words, not being insured did not cause the accident.

However, it appears you are going to have a fight proving that she was at fault.

[Kassien]

Mind You, the car was totaled a month later in another Accident (Completely not my fault and the other party admitted so), I don't care if she pays me for damages, I am just being sued for her damages now. And trying to find out where I stand as far as a defense goes. The Major question being on whether or not because I was uninsured if it made me automatically at fault.

I didn't pull forward back into the spot because I didn't have time. It happened fairly quickly (She didn't try and stop at all, and some of the people who didn't see the accident but saw her coming through the lot, said she was going almost 35 to 40 mph).

[cyjeff]

When a person is not insured - it does not mean that they are at fault for an accident.

In other words, not being insured did not cause the accident.

However, it appears you are going to have a fight proving that she was at fault.

Not from a legal standpoint, perhaps, but from an insurance one.

The insurance company will sue the other driver for every dime of the repairs.

[Kassien]

Not from a legal standpoint, perhaps, but from an insurance one.

The insurance company will sue the other driver for every dime of the repairs.

I understand that they will sue, they already filed. I'm just trying to figure out where my chances are with things. And as stated above, if because I was uninsured I'm automatically at fault.

[Happy Trails]

No, you are not automatically at fault.

They could sue you, but they have to prove you were at fault. Not having insurance, does not make you at fault.