Even though the insurance laws vary from state to state, the common rule is that the fault is never determined by whether one or both persons have insurance or not. Still, the penalties for driving without valid car insurance are very severe in most states. These penalties would include suspension of driving license, hefty fines, and road crew assignments, etc. Moreover, the cost of the new insurance would also go up, when the insurance company finds out that the person buying the policy was involved in an accident without insurance coverage. Even if it is a simple traffic violation, the result would be the same.
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What would happen if one person did not have car insurance but the other person was at fault?
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