If I was driving without a license and was in an accident but other party was at fault, do they have to pay for the damages to my car?

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If I was driving without a license and was in an accident but other party was at fault, do they have to pay for the damages to my car?

The police report says the other driver was at fault. Her insurance company won’t pay for my damages because they say I shouldn’t have been driving in the first place. Is that true?

Asked on November 16, 2011 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since the other driver was at fault in the accident, the other driver is liable for your damages.  Whether you had or did not have a license does NOT change the fact that the other driver was at fault.  Insurance companies rely on the police report in determining fault and the police report states the other driver was at fault in your case.

If the insurance company continues to deny liability, you will need to file a lawsuit for negligence against the other driver and registered owner if the registered owner is someone other than the at-fault driver.  The police report will list the registered owner of the vehicle.  Your damages (the amount of compensation you are seeking to recover in your lawsuit) would be the cost of repairs to your car.  You will need to mitigate (minimize) damages by having the car repaired at a repair shop whose charges are comparable to other auto repair shops in the area.  If you were to select the most expensive repair shop you could find, your damages would be reduced accordingly.

 

 


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