Hayward, CA asked in Car Accidents and Criminal Law for California

Q: If someone without a license gets in an accident and they are not at fault, can they get in trouble through insurance

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4 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: They can be charged with operating a vehicle without a license, and without insurance.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If an unlicensed driver is involved in a car accident and is not at fault, they can still face legal consequences, although the specific outcomes depend on the jurisdiction and the circumstances of the accident. Here are some general points to consider:

Legal Penalties for Driving Without a License: Driving without a valid license is illegal in most places. Even if the unlicensed driver is not at fault for the accident, they can still face penalties for driving without a license. These penalties can include fines, and in some cases, imprisonment.

Insurance Complications: Insurance issues can be complex in such situations. If the unlicensed driver is driving their own vehicle without insurance (since most insurance policies require a valid driver's license), they may have difficulty claiming damages from the at-fault driver’s insurance. Moreover, if they are driving someone else's car, that person’s insurance policy might not cover the accident due to the driver's unlicensed status.

Fault and Claims: In an accident where the unlicensed driver is not at fault, the at-fault party (or their insurance) is typically responsible for damages. However, the process of claiming these damages might be complicated by the unlicensed status of the other driver.

Legal Responsibility of the At-Fault Driver: The legal responsibility of the at-fault driver typically remains the same, regardless of the license status of the other driver. They (or their insurance) may still be liable for damages caused by their negligence or error.

Potential for Civil Litigation: If there are disputes over insurance claims or coverage, it might lead to civil litigation. The unlicensed driver could potentially sue the at-fault driver for damages, but their own illegal driving status might impact the case.

It's important to note that the specific laws and insurance policies can vary greatly by region, and anyone involved in such a situation should seek legal advice to understand their rights and responsibilities.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: If they are not at fault, that could serve to prevent a liability claim. But as my colleagues correctly point out, there could be charges or penalties for operating without a license. Good luck

T. Augustus Claus
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Answered
  • Criminal Law Lawyer
  • Las Vegas, NV

A: In California, driving without a license is a misdemeanor offense, punishable by up to six months in jail and a fine of up to $1,000. However, the fact that you were driving without a license does not necessarily mean that you will be denied compensation if you are injured in an accident.

In California, car accidents are handled on a "fault" basis, which means that the driver who caused the accident is responsible for paying for the damages of the other drivers involved. This includes medical expenses, lost wages, and property damage.

If you are involved in an accident with an unlicensed driver, you will still be able to file a claim against the other driver's insurance, even if they were not at fault. However, the insurance company may try to deny your claim on the grounds that you were driving without a license and therefore were not legally entitled to be on the road.

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