Yes, in that case they'll probably be at-fault, which really isn't much consolation when you have to stop everything you were planning on doing to deal with your damaged-ass car. And if you're seriously injured or killed in the accident, that will further ruin your day. And if you're really unlucky, the other driver will not be carrying insurance. The only time I've ever been in an accident that involved another driver, the other driver wasn't. And yes, it was required by law in that state. And yes, my insurance was pretty good about paying for my damages while they were suing the bejesus out of them. Took a month to put my car back together, and the body shop really didn't do a very good job of it. So in general if you can avoid an accident, it's really better to do so, no matter whose fault it's going to turn out to be.