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No license, No Insurance, Not at fault in car accident. who pays for damaged car?

Pasco, WA |

If I was in a car accident in washington state at the age of 17 with no license and no car insurance and a car hit my car from the back at 40 mph and ruined the car i was driving. who pays for the damage on the car her or me?

If her insurance doesnt want to pay for the damage what should i do. and who deserves to get a settlement me or the person who owns the car.

Attorney Answers 6


  1. Best answer

    If you were not at fault, then the other party would be responsible. Hopefully, unlike you they are insured as required by law. Under the Financial Responsibility Law of our state, parties who are not insured (including you) must compensate for the damage they do, or they will lose the privilege of driving - ei their driver's license will be suspended. You should contact the other party or if you have their insurance information contact their insurance company.

    If the party at fault for the collision is not insured, and if the amount is limited to $5,000 you can sue them in Small Claims, otherwise that claim could be brought in District Court. Nonetheless, it would be better if you could come to an agreement with the person who caused the collision.

    You were lucky not to be injured in the collision. Please obtain insurance as soon as possible, otherwise it can costs you more than you can imagine: not only your vehicle, but also your ability to drive legally, and possibility your health if you are injured. Obtain at least the minimum insurance, as well as personal injury protection (PIP) and UIM (uninsured motorist). The best of luck to you.


  2. Why in the world were you driving a car with no license and no insurance? In any event, since it sounds like you were rear-ended, the person who hit you will have to pay for the damage to the car. Did the owner of the car you were driving have insurance on the vehicle? You may have a claim for personal injuries if you were hurt, but the owner of the car you were driving will be the one that will deal directly with the at-fault insurance company for the property damage to the car.

    Good luck - and get your license.

    Sincerely,

    Arthur D. Leritz

    Legal Disclaimer: Mr. Leritz is licensed to practice law in the State of Washington. The response herein does not constitute legal advice nor does it seek to establish an attorney/client relationship, but rather offers educational insight only. Please feel free to visit Mr. Leritz's website for additional information: www.adlergiersch.com


  3. I am not licensed in WA, so please remember this is basic information, and not legal advice. That being said, I would be very careful in your circumstance, because you are likely in a situation where, in order to make the claim, you would be exposing yourself to criminal liability for driving without a license or insurance. In the jurisdictions in which I am licensed, this might result in criminal penalties. You should proceed very carefully, and retain an attorney to decide how to proceed. Good luck - and get your license ASAP.


  4. The person hitting you is responsible for the damage.


  5. Damages should be paid by the tortfeasor and the owner of the vehicle should receive payment for damage to the vehicle. If you have been personally injured,:You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  6. The person who hit you.

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