Home > Insurance Claims > If the car of an uninsured person was damaged in an accident and the insurance adjudicator totaled the car, when the other driver was at fault, would the insurance company of the other driver refuse to compensate the damage of the uninsured person?

If the car of an uninsured person was damaged in an accident and the insurance adjudicator totaled the car, when the other driver was at fault, would the insurance company of the other driver refuse to compensate the damage of the uninsured person?

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When an uninsured person is involved in an accident, the insurance company would go by the law of that particular state. Certain states have a law which limit the recovery amount. The law could even penalize the driver who was uninsured, when the accident occurred, irrespective of who was at fault. If such a law existed in that state, then the uninsured driver would not only be refused to be compensated by the insurance company of the other driver but could be asked to pay appropriate penalty.