Asked in Car Accidents and Personal Injury for California

Q: How will my case play out if i wasnt at fault in a motor vehicle accident. And i had no insurance and suspended license.

3 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: Lack of insurance and license does not affect who is at fault. It exposes you to criminal liability, though. Also, if you try to recover damages from the at fault party, you are limited to economic damages (lost wages, medical expenses, property damage). No pain and suffering.

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: There are 2 parts to your problems:

Civilly:

You are going to have DMV SUSPEND you license for a year for not having insurance and driving.

It may also be determined you were partly at fault and thus you would be liable for financial damages.

for instance if the damages were determined to be $100,000 to the victim then if you are 10% at fault you will owe money.

Criminally:

You were driving on a suspended license which is a criminal violation of 14601 VC.........driving on a suspended. This is a misdemeanor and you could do up to 6 months in jail.

However with a good lawyer you will not go to jail. You will however be placed on 3 Years of Summary probation and be ordered to pay a fine.

Jean-Simon Serrano
Jean-Simon Serrano
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: Because you did not have insurance, in California, Prop 213 will prevent you from making a claim for pain and suffering. Assuming you can show it was not your fault, you can still recover for medical bills incurred, property damage, and loss of earnings.

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