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Neither driver has insurance, the at fault driver has no valid license as well. Can we still collect for damages to the car?

Santa Rosa, CA |

We did not realize our insurance lapsed (2 day window) until we went to file claim. The at fault driver was in spouses car but had no valid license therefore spouse insurance denied claim/liability. She was not supposed to be driving the vehicle.

Accident happened in school parking lot, slow speed. No police report as both parties thought they had insurance. It was not until after claims made that we realized our insurance had lapsed due to late payment and the at fault driver was excluded.

Attorney Answers 8

Posted

You do not provide adequate information to properly guide you. Is there a traffic collision report? If so, you need to verify whether the other party was in the course and scope of their employment; or whether they were performing an errand for a charity or other non profit organization. If the answer is no, your best option is small claims court. You also do not indicate how the accident happened. If the other party is at fault, you may prevail in small claims, but collecting your judgment may be difficult. You need to confirm the information I have suggested perhaps by seeking a consultation with a lawyer in your area. Best of luck!

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Posted

You should always maintain liability insurance. That being said, the liable parties are still responsible for your property damages and medical expenses, even if both parties did not have liability insurance. Your failure to maintain liability insurance will preclude you from recovering pain & suffering related damages. You can file a lawsuit against the liable parties for the property damages and any medical bills.

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Posted

You can sue the driver and the registered owner for damage to your car in small claims, but whether or not you will be able to collect on the judgment is another story. You can hire someone to do an asset check on the defendants before you file. Also, check your insurance policy and/or with your carrier to see if they will reinstate coverage and cover the claim under your own policy.

This information is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such information is intended for general informational purposes only.

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8 lawyers agree

Posted

Small claims. GET INSURANCE

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Posted

Sue owner and driver in small claims court. Up to 10k for property damage. Up to 10k for medical bills lost earnings etc.

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1 lawyer agrees

Posted

Agree with other lawyers here, but suing in small claims could be a waste if these people can never pay anyway. I wonder if the spouse's insurance is rightly denying this--you must find out if she was an "excluded driver" under that policy. If so, it's only small claims, seemingly. Good luck with that--the problem is always the same--how are they going to pay if they can't even get insurance?

These days your lapsed insurance is almost as bad--don't sleep on that in this state, the law won't help you much.

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Posted

Small claims court. Get insurance next time including uninsured and underinsured motorist coverage.

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Posted

Yes. you can collect all out of pocket damages, including medical bills, wage loss, property damage, and loss of use

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