What happens if you were not at-fault for a car accident but you had an expired license?

UPDATED: Dec 15, 2010

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What happens if you were not at-fault for a car accident but you had an expired license?

I got into an auto accident that, through pictures and the police report, was proven to be the 17 year-old other driver’s fault. My license has been expired for over 2 years, but I have current insurance and registration. I was ticketed for the expired license, and my totaled car towed. It has been 2 weeks since the accident and the other driver’s insurance company is saying that they still have not spoken to the 17 year-old driver via his parents. I did go and obtain my license 2 days after the accident. I told the other insurance company that I just want my car fixed. I do have a court appearance next month. What can I expect to happen in court?

Asked on December 15, 2010 under Accident Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What is the court appearance for?  Your tickets?  Are you worried that because you were driving without a license?  Well, relax.  Driving without a license is not what is known as an "indicia of negligence" in a car accident case.  In other words, it is not admissible evidence to prove that you were in any way negligent in driving the car.  So here is what I think that you need to do: go and have a free consultation with an attorney that specializes in car accident cases.  Discuss the matter with him or as to the claim for your property damage.  Ask about court but I gather what you will be hit with is a fine for the expired license and that is it.  Good luck. 

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