Asked 3 months ago - Phoenix, AZ
FlagI was in a car accident recently and I didn't have any insurance or a driver license, but it was the other drivers fault.
If the police arrived on scene, you may be facing citations for not having a license or proof of insurance.
On the civil side of things, if you were not at fault, you are still able to fully recover for all losses you incurred (property damage, medical bills, pain & suffering, lost wages, etc).
Please feel free to call my office for a free consultation to discuss if we could help.
Your inquiry raises at least two separate issues. You may receive a citation for not having insurance. That can be an expensive ticket. If you have a driver's license but simply didn't have it with you at the time of the accident, a court will normally dismiss a citation for not having a license if you can show that you had a valid license issued to you at the time. If you did not have a valid driver's license, you may be facing another ticket. The good news is that the lack of insurance and lack of a driver's license usually isn't admissible on the question of fault for the accident. In other words, the insurance company for the person at fault for the accident should still be responsible for paying for your damages. You should consider hiring an accident lawyer.
I would agree with the other answers posted thus far, in that for recovery of your own injuries, the fact you did not have a driver's license should not have much affect.
Your statement about the accident being "the other driver's fault" is hopefully based on something their insurance company has told you already. If not, you should be informed that civil law is not the same as traffic law - for example, you could turn left in front of someone who is running a red light and you could be found civilly at fault, even though the other party, more likely than you, would end up with a traffic citation.
If you are injured, and it is not your fault, you will want to hope the other side has insurance themselves or lives with someone who does - otherwise there will likely be nothing to satisfy you monetarily, other than their non-exempt personal assets, for your injuries. If you live with a relative who has insurance, it is possible that a coverage they have may apply to your loss.
If you want to discuss the specifics of how the accident happened and your injuries, I would recommend doing so in private an attorney, where your conversation will remain privileged and confidential, and you can get candid analysis on your prospective outcome(s).
Hope this is helpful. Best of luck.
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