What to do if a friend of mine with no license was driving my car and someone slammed into the rear of the car and fled the scene?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if a friend of mine with no license was driving my car and someone slammed into the rear of the car and fled the scene?
I was in car when it happened. Can she get in trouble for driving my car with no license during an accident that was not our fault?
Asked on May 28, 2013 under Accident Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Although your friend could be cited for driving without a license, that is not the main issue here since she was not at fault in the accident.
If the hit and run driver is apprehended, that driver will be charged with leaving the scene of an accident. If that driver or the registered owner of the car that person was driving had insurance, you can file a claim for your property damage with that insurance company. If that hit and run driver is either not apprehended or is apprehended and there isn't any insurance, you can file an uninsured motorist claim with your insurance carrier for the property damage to your car. However, when your insurance company learns that you allowed an unlicensed driver to drive your car, your insurance carrier might deny your uninsured motorist claim. If you don't have uninsured motorist coverage on your policy, you won't be able to file an uninsured motorist claim.
If the hit and run driver is apprehended, doesn't have insurance and your company denies your uninsured motorist claim, you will need to sue the hit and run driver for negligence to recover compensation for the property damage to your vehicle. After you obtain a court judgment against the hit and run driver, you should proceed with a wage garnishment to enforce the judgment. If the hit and run driver is not the registered owner of the vehicle he/she was driving, your lawsuit for negligence should name both the registered owner of the vehicle and the hit and run driver as defendants.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.