If you get into an accident for which you are at fault with a suspended license, what happens?

Asked on September 27, 2015 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You will be charged with driving on a suspended license.  If you have insurance, the insurance company might deny the claim of the party who was not at fault because you were driving on a suspended license.
If your insurance company denies the claim of the party who was not at fault in the accident, you will be personally liable for the property damage cost of repairs to the other vehicle and the personal injury claims of the occupants of the other vehicle.  The personal injury claims of each occupant of that vehicle will include compensation for the medical bills, compensation for pain and suffering which is an amount in addition to the medical bills, and compensation for wage loss.
If your insurance company denies the claim of the party not at fault in the accident, you might want to consider filing bankruptcy when there is a court judgment against you.  Chapter 7 bankruptcy is straight liquidation which will eliminate that particular debt.
If you didn't have insurance when the accident occurred, you will be sued for negligence by the party not at fault in the accident and again should file Chapter 7 bankruptcy when there is a judgment against you.
If you didn't have insurance when the accident occurred and the other party, who was not at fault had uninsured motorist coverage, that party's insurance company will sue you to recover the amount it expended on the uninsured motorist claim.  Filing Chapter 7 bankruptcy would again be advisable.


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