I got into an accident with a public access-a-ride shuttle van. The driver is admitting to fault. Problem-- I have a suspended license, I was driving a friends vehicle, and its insured. But will the other drivers insurance refuse to pay because I am suspended? Do I have to involve my friends insurance in this at all? We would prefer to not have to call them.
2006-10-18 07:18:59 · 10 answers · asked by JCity 1 in Cars & Transportation ➔ Insurance & Registration
You don't need an attorney. If the other driver was negligent, then the insurance on that vehicle should pay for the damages to the vehicle. It should (and I emphasize should, because things can vary so much from state-to-state) not matter that your license is suspended. It still didn't give the other driver the right to cause the accident. Your friend's insurance doesn't have to get involved, but he has to report the accident because his contract requires it.
Don't listen to anyone who says you're at fault because due to your suspended license you shouldn't have been behind the wheel. That is not the cause of the accident, and is not a successful argument on the claims side. Unless there's a law in your state that says a person with a suspended license can't make a claim if involved in an accident, you're fine.
2006-10-18 10:19:31 · answer #1 · answered by Chris 5 · 0⤊ 0⤋
I will base my answer on the laws for my state, North Carolina. In NC, DUI is 12 pts. Diving while license suspended or revoked, 8 pts. Accident, even though it was not her fault, if the police asked for license and registration and ran her license, it would have shown up as license suspended. If he allowed her to drive the car home, it may have not shown up on the police officers computer and he just filled out the report. If he had seen that her license had been suspended he would not have let her drive the car from the accident and would have had it impounded or made her have it towed home. She would have gotten the ticket at the time of the accident if it was on record for the suspension. Depending when the judgement of suspension was passed it takes approximately 30 to 45 days to enter into the system for the police computer database. Laws do differ from state to state. Some states will even mail tickets to those that were found out at a later date from a recent traffic stop or even an accident. More info is needed to determine if she will or not. That is how things are done in our state. Edit: and no license does not mean no insurance if the suspension was recent. Unless her insurance underwriters catch it at the next renewal of her policy, they will not cancel her and they WILL raise her rates, may even double them now that she has a DUI, Driving while license suspended, not at fault accident will not go against her if the NOT HER FAULT. If the police report shows otherwise then she will be canceled or rewritten to the "state" version of ceded insurance and all voluntary insurance, such as full coverage or options, will be removed. Your friend is looking to have many years of paying fines and trying to correct her mistakes to reinstate her driving privelages.
2016-05-21 23:56:22 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I doubt this will effect your claim. Usually (depending on the state..) only the actual causation of the accident will be used as the determining factor for liability. If you were indeed 100% not the cause of this collision your suspended license will be a matter for the criminal courts not civil.
2006-10-18 09:07:03 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It's according to the state you live in. Different states have different laws.
If the other ins. co. won't pay for the damages, your friends ins. co. may have to get involved to force the issue.
But in most states, it doesn't matter if you have a valid drivers license, if it's the other persons fault. However' you will have to pay a ticket for the violation.
2006-10-18 07:25:14 · answer #4 · answered by Cal 5 · 2⤊ 0⤋
Your friend would have to have insurance that covers secondary drivers. I'm only insured if I'm driving my car. If the other company's insurance is involved, I'm surprised that the insurance company for the car you were driving hasn't been contacted already.
2006-10-18 07:22:25 · answer #5 · answered by misskate12001 6 · 1⤊ 1⤋
logically, you are boned.
if your license is suspended-you have no business behind the wheel of anything. this accident is your fault. remember, driving is a privledge, not a right.
2006-10-18 07:31:31 · answer #6 · answered by daddio 7 · 0⤊ 1⤋
You should contact a lawyer to get some legal help. Otherwise I would suggest getting free advice from the DMV to see what they suggest.
2006-10-18 07:22:17 · answer #7 · answered by EThunder 2 · 1⤊ 1⤋
if you dont have a license most likely they are gonna try to default it to u bc you dont have any business driving in the first place,,,
2006-10-18 08:06:39 · answer #8 · answered by Anonymous · 0⤊ 1⤋
you need to tell him it will come up.
2006-10-18 07:26:13 · answer #9 · answered by tweed801 5 · 0⤊ 1⤋
NO
2006-10-18 07:26:45 · answer #10 · answered by cjmadden2000 2 · 0⤊ 0⤋