What do I do if I was driving in mom’s car and was in an accident if my license is suspended?

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What do I do if I was driving in mom’s car and was in an accident if my license is suspended?

I was recently driving to work and when I was changing lanes I was rear-ended. The other driver kept threatening to call the CHPand he wouldn’t as long as I wrote a note saying that I was responsible. I have a suspended license and he is harassing me and has not giving me his information. What can I do? Will my mom’s insurance cover this?

Asked on November 9, 2010 under Accident Law, California

Answers:

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

Answered 10 years ago | Contributor

Since you were rear-ended, you are NOT at fault in the accident.  The other driver is at fault in the accident.  You or your mother should contact the police since the other driver is harassing you.  Although you may be cited for driving on  a suspended license, this does not change the fact that the other driver is liable for the accident.  Since your mother is the registered owner of the car, she should file a claim against the other driver's insurance carrier (once the insurance information is obtained after contacting the police).  If the other driver is uninsured which may be the case due to his refusal to provide insurance information, harassing you and forcing you to write a note acknowledging liability, your mother could proceed through her own insurance carrier if she has uninsured motorist coverage. 


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