I have two questions:

Question # 1
If both parties say it was not their fault, how is culpability established (there were no witnesses or police at the scene)

Question#2
What if one of the parties does not have insurance, does this make her automatically guilty for driving without insurance?

When the accident happened, why did you not call the police ? You can't possibly establish culpability, neither one of you is going to say you are at fault. You are stuck in limbo. So just get on with it and get your car fixed.

No she isn't automatically at fault because she doesn't have insurance. But it is unfortunate and kind of silly not to.

Did this happen in the US or Canada, or in Europe?

In many states not having insurance will get the person a ticket but not responsibility for the accident. I am very surprised the police weren't called if you both blamed the other party, That sounds odd, can you tell us more about the situation?

With no witnesses, even if the police were called they may not have been able to determin fault. i.e.. He said the light was red she said it was green.
If the accident was small and the police were busy they might not have come anyway. All you can really do is sux it up and maybe win a claim in small claims court.

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Originally Posted by sergio51

I have two questions:

Question # 1
If both parties say it was not their fault, how is culpability established (there were no witnesses or police at the scene)

Question#2
What if one of the parties does not have insurance, does this make her automatically guilty for driving without insurance?

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Question # 1
If both parties say it was not their fault, how is culpability established (there were no witnesses or police at the scene)
-If this turns out to be a word v. word claim, typically unless there is evidence to point that you were at fault or partially at fault your insurance company will side with you 100% and deny the other parties claim. This will be a Uninsured motorist claim which you more than likely have coverage for on your policy and the insurance company will repair your car. Please keep in mind that you must have collision coverage to have your car repaired, if you do not you will need to go to small claims court. If you do have collision you may have what is called an endorsement on your policy which will waive your deductible as well since it is a UM claim. I can give you more information if you let me know who your insurance company is.

Question#2
What if one of the parties does not have insurance, does this make her automatically guilty for driving without insurance?
-Fault can not be proved because the other driver does not have a license, insurance, is underage, is an illegal alien, is DUI and so forth, negligence has to be established, therefore you would still have to show that the other driver was at fault for the loss.

Hello, it will be decided in court, if one side sues the other, or if the one with inusrnace turns it over to his insurance and they sue.

The court will decide who is telling the truth.

You have gotten good answers so far. The only thing I want to add is the only thing that can be done at this point is to look at the physical evidence. For example, if you were struck in the rear, in the vast majority of cases, the car that rear ended you was at fault. So the court would have to look at the extent and nature of the damage and the how it occurred and then determine fault. But that's only if it goes to court. All you need do is report it to your insurance company. They will pay the damages and go after the other party if they deem it worthwhile.