Recently my Husband was in a car accident...he was an excluded driver on my policy for lack of license...

Asked 6 months ago - Mesquite, TX

The accident wasn't his fault..he was at a major intersection..and the Lady was at a stop light to turn right..his light turned green and all cars went..at the same time the lady turned right on a red. My Husband hit her car while she was making a wide right turn against the red light. I need to know if this is automatically his fault for lack of a license.

Attorney answers (6)

  1. Daniel David Horowitz III

    Contributor Level 14

    6

    Lawyers agree

    Answered . No. Insurance or a license is not a factor as to who's at fault. However, the other driver's insurance may contact you asking to pay for damages.

    More importantly, your husband shouldn't have been driving with a suspended license and no insurance. What would you have done if he clearly was at fault and he seriously injured or killed someone?

  2. John Gus Zgourides

    Contributor Level 17

    5

    Lawyers agree

    Answered . Daniel is correct. His lack of a drivers license is not relevant whether or not he was negligent. However, it is relevant whether or not you were negligent in allowing him to use your vehicle if you knew that he was unlicensed. We call that negligent entrustment. If you are both sued, insurance company should defend you, but might refuse to defend your husband. If you're served with a lawsuit, you should turn it into the insurance company, demanding defense and indemnity.

    Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me.... more
  3. Hunt Edwin Bonneau

    Pro

    Contributor Level 10

    5

    Lawyers agree

    Answered . Lack of a drivers license does not affect who is at fault.

    None of the opinions above should be considered legal advice, until I have had the opportunity to review the... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Licensure status doesn't affect liability.............

  5. Daragh John Carter

    Contributor Level 14

    Answered . Well stated by Daniel Horowitz and John Zgourides. The mere fact that your husband had no license doesn't automatically put him at fault, but this does not sound like a clear liability accident. If the other driver has to file on her own insurance for her repairs, her insurance company will likely look to yours for reimbursement. Your insurance company almost certainly won't pay since your husband was excluded from coverage. At that point the other driver's insurance company may report your husband to the DPS for driving without insurance, which usually results in a driver's license suspension, but your husband has no license to suspend. The other driver's insurance company may also sue your husband to try and recover the money they paid out for the other driver's repairs.

    Your husband needs to get his driver's license in order and get some insurance coverage. Imagine how angry you or your husband would be if an uninsured driver totaled your car and injured one or both of you.

    Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or... more
  6. Benjamin Martin Andrews

    Contributor Level 11

    Answered . Insurance and fault are separate issues. Not having insurance, while problematic for other reasons, will not affect whether or not your husband was at fault.

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