Personal Injury Claims When Driving With a Suspended License In California
Driving with a suspended license is strictly prohibited by state statutes. If involved in an accident or otherwise caught, you risk major penalties from legal courts and DMV. However, many people want to know whether they can still pursue a claim even if they were driving with a suspended license.
Does Driving With a Suspended License Mean I Can't Recover Damages?The law in California allows those driving without a valid license or with a suspended license to recover for personal injury and property damage. You may file a lawsuit or a claim with the insurance company. Your claim for injuries cannot be denied because your license was suspended.
As mentioned, a suspended license can be a crime, but it has nothing to do with the claim for damages. It does not put you at fault for the accident. However, expect that insurance companies try to use the fact that your driver's license was suspended to limit the award or the recovery in negotiations. Yet, as mentioned, this is not what the law establishes.
How Is Fault Determined After a Car Accident?You should not drive without a valid license and without having insurance. You should have the license reinstated for the future and should get insurance. However, licensing is a condition for driving and it does not equal being at fault for an accident. In auto accident cases, fault is determined by establishing a driver's negligent behavior.
Depending on the circumstances of the accident, contributory negligence could apply, determining if the fault is shared between drivers. If you have injuries or your property suffered damages, you should pursue your case. The at-fault driver is responsible for them.
Know that if you were uninsured you will not be able to recover damages for pain and suffering. In such cases, you can only recover out-of-pocket losses.
What Should You Do After An Auto Accident?Your priority after an auto accident is to seek immediate medical attention. When you visit the doctor, tell about every area that hurts.
Another important issue is to not give a statement, especially to the other parties insurance companies. You are required to give a statement to your own company but you can postpone it until talking with an attorney. Any statement you give is possibly recorded and could be used to limit or deny your claim.