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.
www.Kent-Law.org --When Results Matter Most-- 480-359-KENT(5368)
Civil liability is predicated upon fault. The other person's insurance should pay for your medical bills, lost wages and car damage, subject to the laws of your State. Call a local attorney or me at 407-883-2618 for answers.
I suggest you retain a lawyer now. A local lawyer can help protect your rights and advise you on the specifics in your state as to whether it is problematic that you didn't have insurance or a driver's license at the time of the wreck. I hope this helps. Good luck.
I would need more information before I could provide you with a proper response. However, I agree with the responses from my colleagues.
If you found this Answer helpful, please mark it as "Best Answer". Your feedback is greatly appreciated. Peter J. Lamont, Esq. Law Offices of Peter J. Lamont 623 Lafayette Avenue, Suite 2, Hawthorne, NJ 07506 Phone: (973) 949-3770 Fax: (866) 603-0471 Toll Free: (855) NJLAW01 (855) 655-2901 www.peterlamontesq.com Additional Offices in New York, Monument, CO, San Juan, PR and affiliates throughout the country. PLEASE NOTE: The above statements are provided for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained on this site without first seeking the advice of an attorney.
Consult a personal injury attorney to investigate the incident and advise you accordingly. If you were not at fault and were injured you can still bring a claim for your injuries so document everything for your consultation.
Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
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.
This answer is for general education purposes only. It does not create an attorney-client relationship nor is it intended to provide legal advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.
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.
This is printed in response to a general question, without knowing the specifics of your case. If you are in a eviction/detainer action, please disregard the above and see the Rules for Eviction Actions, using the same link posted above.
Sign up to receive a 3-part series of useful information and advice about personal injury law.