Accident with an Unlicensed Driver at Fault

[unluckyLex]

What is the name of your state (only U.S. law)? California

I was in an major accident the other day where a lady ran a red light and I collided with the passenger side of her vehicle. I have a minor head injury (concussion) and both on my shoulders are in pain (not broken tho). I obtained the police report today and found out she does not have a Drivers License. The front end of my car is completely torn up, but I have not heard back from my insurance/body-shop whether or not my car is totaled.

My question is, if I were to take her to small claims court, how good of a chance would I have of winning the case?

 

[Antigone*]

What is the name of your state (only U.S. law)? California

I was in an major accident the other day where a lady ran a red light and I collided with the passenger side of her vehicle. I have a minor head injury (concussion) and both on my shoulders are in pain (not broken tho). I obtained the police report today and found out she does not have a Drivers License. The front end of my car is completely torn up, but I have not heard back from my insurance/body-shop whether or not my car is totaled.

My question is, if I were to take her to small claims court, how good of a chance would I have of winning the case?

You'd have just as good a chance as anyone else. The easy part is getting a judgement. The hard part is collecting.

You will have to find out how much you have in damages first. The most you can ask for in small claims in California is 7,500.

 

[ecmst12]

There is a possiblity that she will have insurance even though she was unlicensed - particularly if she was not the owner of the car. And, do you have Uninsured Motorist coverage if she does not? That is the best way to go about getting compensated for your damages, if you have it.

 

[unluckyLex]

My car ended up being totaled. And my back is really messed up. Ill be going to the county clerks office on Monday to get the paperwork.

 

[Labtec600]

My car ended up being totaled. And my back is really messed up. Ill be going to the county clerks office on Monday to get the paperwork.

As it was mentioned, are you sure there is no insurance on the vehicle she was driving?

 

[ecmst12]

I love when people don't answer my questions.

 

[Tallrat]

Hope you have uninsured motorists insurance. If you do your insurance company will go after her but thats no guarantee they will collect. My wife was hit and by uninsured motorist and they could not collect. Last year a drunk came down our street and hit my jeep in driveway. He got 2 yrs in jail and part of his sentence was he has to pay my 250.00 deductible, lol. I bet I never see anything.