If the other car is stopped then I see no valid argument that the other car could have contributed to the accident, regardless of the licensure status of the driver. Contact your insurer.
Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee
First of all, report it to your insurance company for them to handle. Now, to answer your question, you (well, really your insurance company because this is what you pay them for) are responsible for the damages. Now, if they don't have insurance, then you are only responsible for any economic damages, such as medical expenses; that is, non-economic damages, such as pain & suffering, are not recoverable. And, lastly, don't forget to file an "SR 1" form with the DMV. (I've provided you with a link to said form below.)
This type of accident is occurring more and more frequently. Aproximately 1 in 5 accidents involve an uninsured driver. Unlicensed/undocumented drivers are 3 times more likely to cause a serious collision. That is why I am a zealous advocate for EVERYONE to purchase sufficient Uninsured Motorist coverage----to protect themselves and their families. It is relatively inexpensive---by the way.
If you have uninsured motorist coverage and collision coverage---you are covered.
If you do not-----unfortunately, you will face a terrible financial situation. It is extremely unlikely that an uninsured unlicensed driver/owner will have sufficient assets to compensate you. That said, I would still pursue getting a judgment through--maybe---small claims. It is possible that an upstanding worker will make payments to you.
You should consult with an experienced personal injury attorney in your area right away.
Best of luck!
You hit a person in the rear. Report this to your carrier.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
Yes. You should turn it over to your insurance company and let them deal with it. Just because someone else was negligent doesn't get you off the hook completely in California.
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
Sorry to say, the non-possession of a license by the other parties does not excuse your hitting them in the rear, particularly where she was stopped for a red light. You will owe the cost of repair. Report this to your insurance company a.s.a.p. if not already done.
Report the accident to your own insurance company to resolve. Hopefully, you have good coverage.
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