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I let a friend borrow my car and he had an accident and neither one of us have insurance Will I still lose my driver license ?

Los Angeles, CA |

I let a friend borrow my car and he had an accident and neither one of us have insurance
Will I still lose my driver license even if I was not the person driving ?

Attorney Answers 6

  1. Your license will probably not be affected. However if you were aware your friend did not have a license and/or was a bad driver when you let him/her borrow your car you may be exposed to some liability for the injuries he caused. Consult with a local attorney asap.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

  2. Letting your friend borrow your car should not affect our license, but you may face other problems. If your fiend caused an accident, you could be held liable for damages as the owner of the car. You could face other legal issues if you failed to obtain required insurance. I suggest that you speak to a local attorney as soon as possible.

    The Schlitt Law Firm and Carol L. Schlitt provide answers for informational purposes only. If this answer is helpful, please mark the “helpful” button. If this is the best answer, then please indicate it. Thank you. We are a plaintiffs-only, personal injury and medical malpractice law firm representing clients in the New York metropolitan area. We offer personal services built on the values of communication, education and responsiveness. Please understand that legal advice can only be given by an attorney licensed in your jurisdiction who has a familiarity with the law concerning your question. This answer does not constitute an attorney-client relationship. If you are in the New York metropolitan area, feel free to call us at 1-800-660-1466 or contact our website and I will see if we can help you.

  3. I disagree with my colleges. I do not have the Vehicle Code in hand at this moment, but my recollection is that both the driver and the vehicle owner can be subject to suspension of driving privileges if an uninsured vehicle is involved in a collision. Further research of the Vehicle code will provide you with a definitive answer.

  4. You are required by law in California to carry the minimum auto insurance of $15,000 per person/$30,000 per accident. There can be a fine for violation of this law. You can determine this by getting a copy of the police report and looking to see if any citations were issued?
    If the accident was your friends fault, you can be subject to vicarious liability as owner of the car up to the $15/$30 limit. If you knew he did not have any insurance and/or he did not have a valid driver's license, you can be held liable for an unlimited amount beyond the $15/$30 limit. Assuming you have no substanial assets, the odds are that even if it was your friends fault, the other party(ies) may not sue you, as you are essentially uncollectable? They can also get a judgment, and garnish your wages for 10 years, and then renew the judgmet after 10 years and keep collecting until the judgment is satisfied.
    I would say it is necessary in the future that you obtain at least the minimum insurance and to also obtain underinsured and uninsured motorist coverage in the event you are in an accident with someone and they are at fault and have no insurance or not enough insurance to cover your losses!
    Also in the future, it is propably wise not to lend your car to anyone, particularily if you have no insurance.
    If you are sued, you will need to consult with an auto accident lawyer.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

  5. Mr. Bizunis provided an excellent and thoughtful response. If the authorities were planning to try and take your license, you likely would have been served with some paper-work by now (but no promises). As a practical matter, most police are too busy to issue tickets beyond issuing one to your friend who was driving. You may be esposed to civil liability. I wish you the best of luck. Adam Sorrells, Injury Lawyer Chico. Please read disclaimer at bottom.

    The above was not legal advice and cannot be relied on. For informational purposes only. Some of the time periods in which you are legal required to act can be incredibly short, some as short as 6 months. Time is of the essence, do not delay seeking legal advice and pursuing your legal rights. No attorney/client relationship formed.

  6. If the other party files an SR 1 with the dmv then DMV will know about the accident. If they dont lose the paperwork, DMV will send you and your friend a suspension of license notice, for failure to file the SR1 and for failure tomprovide proof of ins. You can file the SR1 at that time, you should get ins immediately, and you may be able to get some limited license or other penalty worked out with DMV. You may want to look for a traffic or DMV lawyer.

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