If I was in an auto accident and the other driver was cited for the accident but I was cited for driving on a suspended license, will I be able to recover damages?

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If I was in an auto accident and the other driver was cited for the accident but I was cited for driving on a suspended license, will I be able to recover damages?

Both cars are registered and insured. My car was totalled.

Asked on January 27, 2013 under Accident Law, Colorado

Answers:

BARRY BESSER / LAW OFFICES OF BARRY I. BESSER

Answered 8 years ago | Contributor

In California, the fact that you were driving on a suspended license, does not determine fault.  However, if you were hurt and didn't have a valid license, it was also unlikely that you had auto insurance.  If you did not have auto insurance, you will not be able to recover any pain and suffering.  The only thing that you can possibly recover is medical bills and loss of eanings, if any.

BARRY BESSER

www.besserlaw.com

Robert Slim / Robert C. Slim - Attorney at Law

Answered 8 years ago | Contributor

In Texas, whether you have a valid license is not relevant in determining who is at fault in an accident.  The only relevant facts are the events surrounding the accident.  However, as a  practical matter, adjusters tend to be resentful of unlicnesed claimants and might give you some difficulty.  You just need to maintain your composure when talking to the adjuster and note that your license status is legally irrelevant.  On the other hand, if you are in small claims court, almost anything goes.  Therefore, a judge could, and might, hold it against you that you didn't have a license even though that issue is legally irrelevant.


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