If driver has suspended license, and another insured driver causes an accident, does the driver with the suspended license have any rights?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jun 18, 2012

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Insurance Question from Austin, TX

Asked on 06/18/2012

If driver has suspended license, and another insured driver causes an accident, does the driver with the suspended license have any rights? Ted claims to have effective sr-22 insurance on his vehicle, however, his license is suspended. Some guy with valid license and insurance, swerved across 4 lanes and bashed the front end of his truck. I'm sure Ted's truck is totalled. A policeman showed up after the guy with a license took off... and he wrote down Ted's name, report, and the other guy's info. My question; Is there ANY way that Ted can make a claim with the guys insurance company, and NOT get royally screwed for driving with a suspended license? Please help me!!!

Answer given on June 19, 2012

When there is an auto accident that is not your fault, then the insurance company for the responsible driver should pay for the damages to your car. If you were driving on a suspended license, but this did not have any effect on the accident, then that isue should not be an issue to the responsible insurance company.Your son will most likely receive a ticket for driving on a suspended license, and face the consequences for that action, but it does not really have an effect on the issues of the accident. Since the other driver obiviously caused the accident, then their insurance should pay for the repairs. Also, since the other driver left the scene of the accident, they could face citations from the police for leaving the scene of an accident.If your son has valid insurance, he should report the accident to his insurance company. If he has collision coverage he may want to try to collect under his policy and have his insurance company subrogate against the other carrier if they are not cooperating with your son.

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