Who is legally at fault in an accident where one of the driver’s is not licensed but did not cause the accident?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who is legally at fault in an accident where one of the driver’s is not licensed but did not cause the accident?

my uncle is an unlicensed driver that was struck a woman who was pulling out of a parking lot that led into the street hit the gas instead of the brake and rammed my uncle. the cop that wrote up the police report in a quick moment went up to the woman and told her not to worry that it was completely my uncle’s fault and that he was gonna pay for everything. she felt compelled to let us know what he told her because she feels that it was her fault. so my question is who is legally at fault? This happened in New Jersey.

Asked on July 2, 2009 under Accident Law, New Jersey

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As far as I know, there's no law in New Jersey that makes an unlicensed driver liable for any damage caused in a collision where the unlicensed driver is not at all at fault.

Your uncle is certainly looking at a serious enough problem with the unlicensed driving charge, and he should hire a lawyer to defend him.  The attorney can also review all of the facts, about the police officer and so forth, and give him reliable advice about how to deal with that part of the situation.  You can find qualified lawyers in several places, including the bar association's Lawyer Referral Service listed in the telephone book, and our website, http://attorneypages.com

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As far as I know, there's no law in New Jersey that makes an unlicensed driver liable for any damage caused in a collision where the unlicensed driver is not at all at fault.

Your uncle is certainly looking at a serious enough problem with the unlicensed driving charge, and he should hire a lawyer to defend him.  The attorney can also review all of the facts, about the police officer and so forth, and give him reliable advice about how to deal with that part of the situation.  You can find qualified lawyers in several places, including the bar association's Lawyer Referral Service listed in the telephone book, and our website, http://attorneypages.com


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption