Fontana, CA asked in Personal Injury and Products Liability for California

Q: Can a driver with no valid driver's license due you in an accident that wasn't your fault?

He is a Mexican resident with only a California I'd card states Federal Limits Apply.

He doesnt have a valid license so apparently can not get insurance this, can he sue me?

5 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

do not understand question

however, the law is clear that if you are in an accident without insurance you lose your license for a year.

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

A: more info needed

everyone has to have car insurance.

did he own the car or was he using someone else's car?

William John Light
William John Light
Answered
  • Products Liability Lawyer
  • Riverside, CA
  • Licensed in California

A: Yes. Licensure has no bearing on who is at fault.

Tyler Young
Tyler Young
PREMIUM
Answered

A: I need a bit more information about your question, but yes you can get sued by someone you injure even if they were breaking the law. I am not licensed in CA, so you'll need an attorney there (likely someone hired by your insurance company). That said, the illegal driver will have to prove that you had fault in the wreck to recover from you/your insurer.

George Aldrich
George Aldrich
PREMIUM
Answered
  • Woodland Hills, CA
  • Licensed in California

A: Yes you can be sued for an accident.

The requirements are not a license or even if the other party has valid insurance. Just that someone is liable (at fault), there are injuries, the at fault party caused them and the cost to fix them.

I understand you believe that the accident was not your fault. Assuming that is correct, the other party can still sue you, and YOUR insurance will defend you fully.

But, if you are found to be at fault, or liable for the accident then the third party has a right to collect for his economic injuries only. Under California law, if a party WHO IS NOT AT FAULT, is uninsured, or under the influence they are entitled to be compensated for their economic damages only (medical bills, lost wages, etc.), and cannot collect for Non-economic damages (pain and suffering).

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