What happens to a driver that is not at-fault for an accident if they don’t have insurance or a license?

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What happens to a driver that is not at-fault for an accident if they don’t have insurance or a license?

A car made an illegal turn in front of me which caused the accident.

Asked on November 28, 2010 under Accident Law, Virginia

Answers:

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

Answered 10 years ago | Contributor

You will probably be cited by the police for not having a license or insurance; however, this does not affect liability in the accident.  The other driver was at fault.  You can still proceed against the other driver's insurance for property damage to your car and have the car repaired. 

If you were injured in the accident, when you complete your medical treatment and are released by the doctor, obtain the medical bills and medical report.  The medical report will document the nature and extent of your injury and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to your medical bills.  Compensation for the medical bills and any wage loss is straight reimbursement.  Your personal injury claim should be filed with the other driver's insurance carrier and should include the medical bills, medical reports, and documentation of any wage loss.  If you are dissatisfied with settlement offers from the insurance carrier, you can file a lawsuit for negligence against the other driver.  If the case is settled, no lawsuit is filed.  If the case is not settled, you will need to file your lawsuit prior to the expiration of the statute of limitations or you will lose your rights forever in the matter.


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