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Invloved in a Collision but no ticket and has police report as per insurance claims.

Cupertino, CA |

I am L1 visa holder (immigrant) live in San Jose, California for 6 months and I involved in a accident at I-280 near Cupertino exit on last week and I registered my car using my home country license and have insurance with liability coverage.

As per driver handbook, they mentioned, Any visitor can use their home country license to drive at California state.

Police officer didn't issued ticket in the spot and no mail from them in last 10 days ,
As per my insurance claim, they informed that, In police report, it says it was my fault and I am violated the code vc 12500 ("Driving Without a Valid License"), because of I used my home country
I didn't received the ticket, But case recorded, Do i need to go to court or need to pay penalty for it?
So I need legal advice on this. please help

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Attorney answers 4


The finding of fault or observations in a police report are not the same thing as receiving a citation. If you had received a citation it would have been at the scene and you would have been provided an appearance date.

If you feel the police report is factually incorrect, you can ask them to add a statement from you.

I cannot opine on the legality of your driving on a foreign license - you need to talk to a lawyer with DMV administrative experience - there are many good ones listed on AVVO. However it seems to me that there is a difference between a "visitor" and a permanent resident like you. If you live in California you may be required to have a California license.


Get a local traffic court lawyer.


Do not worry. Hire a traffic lawyer that has experience with immigrants driving with their home country driver's license. At worst, your insurance will take care of the accident. What you need to do is file a report with the DMV, if the damages exceed $750.00, If needed, you or your attorney may need to make an appearance and pay the ticket, if you finally receive one. So, do not worry. Luckily no one was hurt. Best of luck

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


If you have been here for 6 mos and are staying, you need a Calif license. If the officer didnt give you a citation at the scene, you may have gotten lucky. However, you could still get one in the mail. Driving w/o a license does not automatically make you responsible for the crash. Fault for the crash depends upon the facts.
Get a copy of he report from your ins co. They should know that your license status doesnt affect the fault determination. You may be at fault, but possibly not. If you were injured, see a doctor and contact a local lawyer.

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