Yes, I realize this is bad, but we're trying to save money to get insurance and pay registration fees. Now with my car not running that poses a bigger set back. Bottom line is my un-licensed boyfriend stopped at a red light and another driver rear-ended him because he assumed my boyfriend would run the light. My question is, since the other driver does have insurance, am I still able to have my car repaired without having to pay myself, or will the other driver's insurance cover it since the other driver was at fault? Please only lawyers who are familiar with California laws respond. Thank you in advance for any response.
**Additionally, there was no police report filed, the other driver wanted to settle without insurance being involved. Once he found out I didn't have insurance, he basically told me have a nice life and there's nothing I can do. Is there any truth to that? I realize my car shouldn't have been on the road, but I shouldn't have to pay for his mistake, right?
Yes, assuming that the other person's insurance carrier accepts liability, they will pay for the damage to your car. I've posted a link below which goes into much greater depth regarding the issue of being involved in an accident that's not your fault while not being covered by liability insurance.
The car that hit you is liable.
Car / Auto Accident Lawyer
I am licensed in Nevada, but this answer should apply in California as well.
Unless there is a statute to the contrary in California, the fact that your car was unregistered and there was no insurance on it or boyfriend does not effect the whether or not the other driver caused the accident and should pay for the damages he/she caused. Open a claim with the other driver's insurance and demand them to pay for the damages caused by their insured.
Hope this helps.
/s Donald Kudler
Assuming the accident is not your fault, you should be able to get your car fixed and reasonable medical bills paid for. Unfortunately, you won't be compensated for any pain and suffering.
(Disclaimer: This information is not intended to be, legal advice, nor the formation of an attorney-client relationship)