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

Asked over 1 year ago - 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. Adrienne Patricia Allen

    Contributor Level 15

    6

    Lawyers agree

    Answered . 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... more
  2. Benjamin Joseph Sansone

    Pro

    Contributor Level 10

    7

    Lawyers agree

    Answered . 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. Malosack Berjis

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.)

  4. Manuel Alzamora Juarez

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.... more
  5. Keith G Langer

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . "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.
  6. Richard Andrew Harting

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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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