If I was in an accident, can I be held at fault since I did not have a driver’s license?

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If I was in an accident, can I be held at fault since I did not have a driver’s license?

I was in a car accident with my 1 year old daughter last night. I have no driver’s license. I was driving northbound and was hit by a car coming west. My light had just turned green when I was crossing the intersection. I was injured but chose not to go to the hospital because I was focused on my daughter. What happens now? Am I at fault for not having a license? What happens with the insurance if I’m not covered?

Asked on February 21, 2016 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You could get a citation because you were driving without a license. In terms of liability, you are not automatically liable because you had no license; rather, liability depends on fault, or driving carelessly or negligently. You should not have to pay for the other driver's injuries or damage (if any) unless you were at fault; and if the other driver was at fault, you may be able to sue him or her for your injuries or damage (assuming you know or can discover whom it was).


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