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Can I take legal action against someone I hit, but they had no license or insurance!

La Habra, CA |

I hit a stalled vehicle with 2 people inside with no hazard lights on. The driver had no driver license or insurance. I take blame for hitting the car but as a licensed and insured driver is there anything I can do? Mind you this also took place a year ago.

Attorney Answers 7

Posted

What do you want to sue them for, especially if you admit that you were the party at fault? (And, as for it taking place a year ago, that would not matter, since, the statute of limitations on such cases is 2 years.)

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Asker

Posted

Yes it was my fault, but had she not been out driving the TC ( traffic collection) would had never taken place. I had a clean record other then 1 speeding ticket 7 years ago. This accident cost me 2 points and an increase on my insurance. So she was unlicensed, uninsured and I get penalized for her negligence.

Asker

Posted

So you're answer is no I can't do anything...

Malosack Berjis

Malosack Berjis

Posted

No, I didn't say that that was my answer. You make such a logical argument (i.e., "...had she not been out driving the [auto collision] would had never taken place...This accident cost me..."), and I guess you won't know until you file the lawsuit...Anyway, is there anything that gives you the idea that this person would even be worth suing (i.e., they have money)?

Asker

Posted

As a matter of fact my insurance company paid them 50K or 100K not really sure would have to recheck on that. It upsets me to see people who don't bother to get their license cause their either none documented or had their license taken away.

Malosack Berjis

Malosack Berjis

Posted

Wow, $50,000 or $100,000 for just medical bills & property damage (since, as Mr. Juarez has pointed out, the injured driver would not have been able to recover pain and suffering non-economic damages, due to Proposition 213)? Crazy.

Posted

having a valid drivers license or auto insurance has nothing to do with whether not as legally your fault. Not having these things is not make something that is not your fault all the sudden your fault.

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Posted

"I take blame for hitting the car but as a licensed and insured driver is there anything I can do? Mind you this also took place a year ago."

You want to sue for an accident YOU admit you were responsible for - a year after the fact?

This sounds like a foolish course of action. However, you may wish to discuss it with an appropriate attorney. Contact the CA and your county bar associations for referrals.

The foregoing is for general information purposes and does not establish an attorney-client relationship.

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Posted

No. If you admit that the accident is your fault. You do not have a case for the injured driver's lack of insurance. The injured driver has problems in the sense that he will not be able to recover pain and suffering non-economic damages from your insurance because of Prop 213. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de accidentes y lesiones is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Asker

Posted

So due to the fact that this person who was none licensed none insured I as a licensed & insured driver have none, zip, no rights!

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Plaintiff driver will not recover P&S damages. Isn't that enough: You were at fault. as per your own admission. However, if you want a different response, change the law. Run for Congress!!!

Posted

Have you admitted fault to anyone yet, such as the police or any insurance adjusters? I don't see it as completely your fault. Th other car was stalled with no hazard lights. Sounds like there is comparative liability here (shared fault). The end result may be the same, however if you were not injured and you say there is no insurace on the opposing party. So my answer is yes you could take legal action, but it mostly likely would not be worth it.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Posted

Yes you can proceed against them but you may have collection issues if you obtain a judgment. You shouldn't be so quick to accept liability, this case sounds more like a 50-50

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Posted

No, but report it to your insurance company to resolve.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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