I live in Santa Barbara ca I was driving & rearend a car @ a stop light

Asked over 1 year ago - Santa Barbara, CA

The girl I hit is undocumented & has no drivers license , her boy friend showed up said it was his car he was undocumented , I called the police the cop told me the car was going to be towed because she was un licensed , now what do I do ? Do I really have to pay for damages even though both the driver & the owner of the car have no license ?

Attorney answers (8)

  1. Malosack Berjis

    Contributor Level 20

    9

    Lawyers agree

    Answered . First of all, report it to your insurance company for them to handle. Now, to answer your question, you (well, really your insurance company because this is what you pay them for) are responsible for the damages. Now, if they don't have insurance, then you are only responsible for any economic damages, such as medical expenses; that is, non-economic damages, such as pain & suffering, are not recoverable. And, lastly, don't forget to file an "SR 1" form with the DMV. (I've provided you with a link to said form below.)

  2. Barry P. Goldberg

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . This type of accident is occurring more and more frequently. Aproximately 1 in 5 accidents involve an uninsured driver. Unlicensed/undocumented drivers are 3 times more likely to cause a serious collision. That is why I am a zealous advocate for EVERYONE to purchase sufficient Uninsured Motorist coverage----to protect themselves and their families. It is relatively inexpensive---by the way.
    If you have uninsured motorist coverage and collision coverage---you are covered.
    If you do not-----unfortunately, you will face a terrible financial situation. It is extremely unlikely that an uninsured unlicensed driver/owner will have sufficient assets to compensate you. That said, I would still pursue getting a judgment through--maybe---small claims. It is possible that an upstanding worker will make payments to you.
    You should consult with an experienced personal injury attorney in your area right away.
    Best of luck!

  3. Kevin Coluccio

    Contributor Level 20

    9

    Lawyers agree

    Answered . If you caused the damages, I would think you would be responsible for the damages, regardless of the fact that their status. I would report the matter to your insurance carrier.

  4. Ryan M. Finn

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . If the other car is stopped then I see no valid argument that the other car could have contributed to the accident, regardless of the licensure status of the driver. Contact your insurer.

    Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker... more
  5. Sean Michael Patrick

    Contributor Level 16

    6

    Lawyers agree

    Answered . Yes. You should turn it over to your insurance company and let them deal with it. Just because someone else was negligent doesn't get you off the hook completely in California.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  6. Jeffrey Mark Adams

    Contributor Level 20

    7

    Lawyers agree

    Answered . You hit a person in the rear. Report this to your carrier.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  7. Jeffrey Ira Schwimmer

    Contributor Level 19

    7

    Lawyers agree

    Answered . Sorry to say, the non-possession of a license by the other parties does not excuse your hitting them in the rear, particularly where she was stopped for a red light. You will owe the cost of repair. Report this to your insurance company a.s.a.p. if not already done.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Report the accident to your own insurance company to resolve. Hopefully, you have good coverage.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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