What should I do regarding a car accident if the car was insured but I was not?

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What should I do regarding a car accident if the car was insured but I was not?

I was in an accident where I ended up hitting someone. She is not really hurt just suffering from pain. I was making a slow left turn. I don’t have a drivers lisence, however, the car I was driving is insured. The lady refused medical help at the scene and she didn’t call the police. What is going to happen to me?

Asked on April 3, 2012 under Accident Law, Illinois

Answers:

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

Answered 9 years ago | Contributor

The registered owner of the car you were driving is liable for the accident.  The other driver can file claims for property damage and personal injury with the registered owner's insurance carrier.  The property damage claim would be the cost of repairs to her vehicle.  Her personal injury claim, when she completes her medical treatment, would include her medical bills, pain and suffering and wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills and is determined by the medical reports which document the nature and extent of the injuries.  Compensation for wage loss is straight reimbursement.  If the case is settled with the insurance carrier for the registered owner of the vehicle you were driving, NO lawsuit is filed.  If the case is NOT settled with the insurance carrier, the other driver could file a lawsuit against the registered owner and you for negligence.  Most auto accident cases are settled with the insurance carrier without filing a lawsuit.

The insurance carrier for the registered owner of your vehicle might deny the claim because you were driving without a license.  If that happens, the other driver would sue the registered owner of the vehicle you were driving and you for negligence for her property damage and personal injury.  If the police discover that you were driving without a license, you will be cited for driving without a license and have to pay a fine.  The penalties for driving without a license vary from state to state.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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