During a car accident if one of the drivers has no drivers license and or insurance can they still get paid?

Asked over 1 year ago - San Diego, CA

There was a bumper to bumper accident in a parking lot. The at fault driver (by law was concider at fault) has drivers license and insurance. The non at fault driver has neither. Can they still get paid? The at fault driver called it in immediately while the non at fault driver had to be hunted down because the wrong information was provided by them.

Attorney answers (4)

  1. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

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    Answered . The person that was at fault must still pay for the other driver's property damage, even though that driver did not have a license or insurance. The person without insurance could also recover medical bills and lost income if they can prove he/she were injured in the accident, but because he/she did not have liability insurance, he/she cannot recover pain and suffering damages. The fact that the driver gave wrong information at the scene may reflect poorly on his/her credibility if that is an issue.

    Good luckl

  2. Robert Max Klein

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    Contributor Level 15

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    Answered . The lack of a driver's license will not change the liability. The lack of insurance would only stop the non at fault driver from making a claim for non-economic damages (pain and suffering). So to answer your question: the driver without a license and insurance can still be paid.

  3. Lowell Hale Steiger

    Pro

    Contributor Level 12

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    Answered . In California, a not-at-fault driver who has no liability insurance is entitled to reasonable and necessary medical bills, property damage repair and other quantifiable damages. However, he or she is NOT entitled to pain and suffering. This all comes under what we call Prop 213 cases (a law enacted in 1996 which prevents people from, among other things, collecting for pain and suffering if they have no liability insurance).

    Please see the link below for more details and some relevant links.

    You should still seek the advice of a personal injury attorney who can address your specific issues and facts.

    Good luck!

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . The license status won't affect liability.

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