Los Angeles, CA asked in Car Accidents and Personal Injury for California

Q: I was involved in an accident & don’t have a license or insurance and the person at fault was licensed but not insured.

Would I be automatically at fault in this circumstance? My car is a 2018 Honda Civic and the other person’s car is a 1999 Nissan Altima. Both are total losses. We were both taken to the hospital for our injuries.

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

A: more info needed.

hopefully, you have a good reason not to have a license and insurance.

you wouldn't automatically be at fault.

However, you could not collect for pain and suffering but should be able to collect your meds and loss of earnings.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: You should sit down with an attorney, or call one, to get more facts. But just because you didn't have a license or insurance doesn't mean you are at fault. The driver at fault in an accident is the person who caused the accident regardless of license or insurance. Now you can get in trouble for not having a license or insurance but that has nothing to do with who caused the accident.

1 user found this answer helpful

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