Will I be penalized for not having insurance or a valid drivers license upon getting into a car accident?
2 attorney answers
Your question does not state whether or not the police investigated the accident. If they did then I presume you were cited both for not having a license and for not having insurance? Neither of those issues will prevent you from making a claim for your property damages or for damages for your pain and suffering. To prevail on those claims you will have to establish that the other driver is at fault. It sounds like you can prove that.
If the other driver is insured, and if his insurance company "accepts" liability on behalf of him, then you should not have much difficulty at least getting the damages paid for the damage to your car.
However, when it comes to your claim for injury damages, you may have a difficult time with the insurer for the elderly man. Because of these issues, I believe you should hire an attorney.
Your own claim for bodily injuries, medical expenses, etc., are separate and apart from your driving without insurance and/or a valid driver's license. You will likely be prosecuted for those offenses. The other driver's insurance company will report you to DMV, which will flag your name anytime you try to purchase tabs, renew your license, etc.
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