Home > Research Legal Advice > Car / Auto Accident > Driving on suspended license for DUI and got hit , and other driver was...
Asked 3 months ago - Sacramento, CA
Flagmi hurt and cars totaled
The other driver was still at fault and so long as your driving wasn't a contributing factor it shouldn't come in. They will make the argument that you shouldn't of been on the road and I've dealt with this before and it fails. Your being on the road didn't cause the accident their insured's negligence did. You may face other issues but not liability ones.
Hie an injury attorney ASAP to protect your rights and seek medical attention ASAP.
Whether or not your lack of licensure will affect settlement is debatable. If you are unrepresented, chances are the adjuster for the adverse insurance carrier will attempt to use this information against you. However, an attorney will tell you that your lack of licensure is irrelevant to issues of negligence and causation.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
Legal Disclaimer:
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Your lack of an active license may not preclude you from bringing an action for personal injury. However, if the car you were driving lacked car insurance coverage (which may be the case here), you may be precluded from recovering certain types of damages. California Prop 213 precludes people from recovering "non-economic" damages (pain and suffering) when they do not have car insurance. Thus, I would strongly recommend you contact an attorney without delay. An injury attorney licensed to practice in California should be able to discuss how Prop 213 and other California laws effect your ability to recover.
I wish you luck with your claim and most importantly, your recovery.
Josh Edlow
www.dbbwc.com/edlow
Assuming you have liability (fault) nailed down for the accident, the suspended license issue can be kept out by filing what is called a motion in limine at the beginning of trial. Essentially, these are utilized to keep evidence that is more prejudicial than it is probative or relevant from being heard by your jury. Early on in the claims process, the claims adjuster for the other insurance company may try and use the suspended license issue as a talking point to knock down the value and scare you into taking less money but stick to your guns. If the license issue has nothing to do with the cause of the accident, then you shouldn't pay it too much mind. The best thing for your to do at this point is do your research and hire an attorney that others recommend and that you trust.
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