If I got into a car accident, it wasnt my fault, no car insurance at the time, can I lose my lisence?Dmv wants me to report ins.

Asked about 1 year ago - San Jose, CA

I got into a car accident. I was driving the vehicle. Brother was in the car and injured. Torn ligaments in kneck. Car totaled and there car insurance paid for the damages. Car ended up being totaled and wrote me a check. I insured my car the day after the accident and im still insured even though I dont have a vehicle anymore. My concern is the dmv is aware of the accident and wants me to report my car insurance information stating 10 days with in the accident. Will I lose my license and have to pay fees?I live in CA. My other concern is I got into a car accident before this one and 8 months prior and had to go to the doctor for my back. They gave me pain medication and then I through out my back 3 months after that and again from doing normal daily activities. I havnt settled. Not sure

Attorney answers (7)

  1. Richard Carl Binder

    Contributor Level 12

    10

    Lawyers agree

    Answered . This is an administrative law matter, get an attorney. At the very least you will have to show current proof of insurance. BTW there is a reduced rate plan with reduced coverage available for those with financial issues.

  2. Daniel Nelson Deasy

    Contributor Level 20

    9

    Lawyers agree

    Answered . Driving without insurance is a problem. Your license is indeed in jeopardy. While I presume you have not been charged for a violation of the law, the DMV has administrative powers and can perhaps seek to revoke your license. You need an attorney that defends parties at DMV hearings.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  3. Steven D. Weier

    Pro

    Contributor Level 9

    8

    Lawyers agree

    Answered . Get a free consultation ASAP. It will help you decide if you need to hire a lawyer. This forum is good for getting a short answer, but you need a full consult to get ALL the important facts out for consideration.

  4. Richard Andrew Harting

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . yes your license can be suspended - you may get a to and from work exception. You will need to get insurance.

  5. Michael Shemtoub

    Contributor Level 17

    5

    Lawyers agree

    Answered . I live and work in California and deal with accidents like yours, so I am happy to answer your question. The answer to your question is that based on the limited facts I would follow the law and report that accident as you are required to do and talk to the dmv about any financial circumstances or issues that lead to you not having insurance (example mistakenly missed payment). Even though you did not have insurance you can make a claim against the other party's insurance and so can your brother. The insurance company will have to pay for the torn ligaments of your brother and all the treatment he receives. Moreover, the insurance company will probably want to purposefully take a recorded statement from you in order to pin down your statement and weaken your case, hopefully you didn't do this. You should definitely not talk to them until you have hired an attorney. Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hire can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case and get you a rental if you need one.

    You have some great facts, but your case definitely needs to be developed further to corroborate your story. You should hire an attorney so you're not bullied around! There is no upfront cost to hire an attorney. With a case like yours it seems like you have some good facts in order to get a high settlement. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body ; and of course how high is the at fault person's policy. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled many of these cases in the San Jose area.

    Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Retain a local administrative law attorney to resolve this.

  7. Manuel Alzamora Juarez

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Get insurance. Hire a lawyer and have lawyer appear with you at DMV Hearing. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more

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