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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

  1. 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.)

  2. 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.

  3. "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.

  4. 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.

  5. 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.

  6. 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

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

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