Tulare, CA asked in Car Accidents, Insurance Defense and Personal Injury for California

Q: What happens if you dont have insurance and are at fault for an auto accident?

My 18 yr old niece got in an Accident and was found at fault. She had no insurance and no DL at the time. she took no photos and cant rember the Accident because she lost consciousness and suffered a concution, one of the other drivers also did not have insurance and got an lawer and she recived a letter saying she needs to give them her insurance so they can make a claim. we are unsure of what to do or what will happen we are still waiting for the ticket to come in and were hopful she will at least rember the what happened because the police are going off two other drivers who were involved.

3 Lawyer Answers

Theodore Allan Greene

Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: If she was at fault like you say then you really need to find out how much damage was done to the other car and find out if anyone was hurt. That will determine her financial liability. The fact that the other party got an attorney means the other person most likely was injured. If the other party did not have insurance then it limits what they can go after your niece for. If the above is more than she can reasonably pay then she should consider filing Bankruptcy.. But wait until you have clear answers on ALL the questions..

As far as the police and DMV... I can't really help you much with those problems she now faces. Please use this to tell everyone you know that you must have a DL and have insurance because Mr. Murphy is following you otherwise.

Good Luck

William John Light agrees with this answer

Dale S. Gribow

Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: if she didn't have a CDL and got in an accident the DMV should suspend her license for 1 yr.........................

IF she had a license.............it will be more challenging for her to get a license in the future.........and the police should turn this over to the police for filing a misdemeanor against her for 12951 and 12500 VC violations.

if the other side also did not have a lawyer they can't collect for pain and suffering but are limited to their med and loss of earnings etc

Peter N. Munsing

PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: A lot also depends on damage to the car, road markings. If you don't have the ticket yet, get the report when it's available.

Second, the niece stands to have her license suspended for driving without insurance (I'm assuming the car she was in had no insurance--I know she had none but if the car had it she's off that hook.

If she was hurt she needs to get medical treatment.

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