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  1. #1
    jfisher86 is offline Junior Member
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    rear end accident

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

    I was at a red light when I got rear ended hard. The person who hit me admitted that he was at fault and pictures show his damage and mine. No police report was filed since I was driving without a license and that would mean my car is impounded and ticket given and possibly not be able to apply for a license for quite a while. I know not having a police report is going to be a problem, but the consequences of police on the scene seemed higher than benefits of the report.

    So, is the other guys insurance company still liable to pay for my damage?!?! It was a major crash and my car is pretty messed up.My kbb value on the car is $5,000 if that helps with an idea of how willing his company is to pay up.

    If they do deny me for not being licensed, can i still pursue him in civil court? What are my chances there. I have pictures of the damages to both vehicles if that helps in court.

    I know I was stupid not to drive without a license, but its kind of a long story on why i didn't apply for one.But i still feel that the guy has no right to rear end me no matter what,. just need some advice on the situation. state is california if that helps.
  2. #2
    outonbail is offline Senior Member
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    When you file a claim with the at fault parties insurance company, they will notify DMV that you are driving without a license and without insurance.

    You will then be contacted by DMV and eventually, suffer the consequences of driving without a license and insurance.

    Did you send in that claim yet?
  3. #3
    racer72 is offline Senior Member
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    Also, Kelly Blue Book values are inflated represent cars in near showroom condition and are ready for sale. The fair market value and what the insurance will pay will be about 50 to 75% of the KBB value.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  4. #4
    LSCAP is offline Member
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    Though they might report it,

    The license or lack of a license has nothing to do with the accident. They will still have to pay.
  5. #5
    jfisher86 is offline Junior Member
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    Well, the owner of the vehicle that hit us spoke to my dad( he owns our vehicle) and the other guys wants to settle it. We have like another few days to file, so we are weighing our options. The KBB Value for private party in Good condition was 5,000. The estimate I got the other day 3,500 + more work probably when damages under bumper is visible. So, its going to be hard for the guy to settle the damages. He wants to settle because his son has a bad driving record and will get his license suspended after this accident.

    The main thing is the DMV consequences. Will I get suspended one year? Will the owner of the vehicle i was driving get a one year suspension? Any experience on how much the CA DMV fines in these situations. I am just trying to weight out the cost and benefits of going through insurance.

    Just wish i prevented this stuff from happening, but yea if you guys have any more advice i'd appreciate it. Thanks!


    Also, what if i got my license after the incident and was added to the insurance on the car. Will that help in preventing my license suspension at all? Is their a DMV court that i appear in or do they just send you a letter saying your suspended.
    Last edited by jfisher86; 08-04-2009 at 12:55 PM.
  6. #6
    Zigner is offline Senior Member
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    You are required, by law, to report this accident to the DMV. This has nothing to do with your decision on whether to file a claim with the other driver's insurance.
  7. #7
    Zigner is offline Senior Member
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    Quote Originally Posted by Banned_Princess View Post
    Personaly I woulde pay the BBV and call it a day, if that is what you want to do. Dont pay over it, inflated or not the car isnt worth more then that.
    OP should only have to pay the actual value of the car.

    And definately the accident has to be reported to the DMV so it can be on the title of the car.
    That's only ONE reason.
    But sometimes that step is "forgotten" when parties do not go thru the insurance company.
    But, it is STILL required by LAW.

    When your done paying the guy be sure to get a release from them so they cannot claim anything later on.
    Yes, definitely true.
  8. #8
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by jfisher86 View Post
    What is the name of your state (only U.S. law)? CA
    I was at a red light when I got rear ended hard. The person who hit me admitted that he was at fault and pictures show his damage and mine. No police report was filed since I was driving without a license and that would mean my car is impounded and ticket given and possibly not be able to apply for a license for quite a while. I know not having a police report is going to be a problem, but the consequences of police on the scene seemed higher than benefits of the report.
    It was up to the both of you weather or not the police were called. The damage to the cars tells the whole story.

    So, is the other guys insurance company still liable to pay for my damage?!?!
    Yes they are. Or at very least he is.


    It was a major crash and my car is pretty messed up.My kbb value on the car is $5,000 if that helps with an idea of how willing his company is to pay up.
    They may low ball you, or they will pay "their BBV" and call your car a "total loss." they may take the car and pay you its worth before the accident.

    If they do deny me for not being licensed, can i still pursue him in civil court?
    They will not deny you for not being licensed, that wont even come up at that stage of the game.

    What are my chances there. I have pictures of the damages to both vehicles if that helps in court.
    Your chances are good, but i doubt you will have to do this unless the other party refuses to report it to their company, and wont pay you for your damages.

    I know I was stupid not to drive without a license, but its kind of a long story on why i didn't apply for one.
    Whateveer your reason, this accident will still show on your record. and cause you serious problems all along the ay. driving with a suspended license is one thing, but driving with no license at all is quite another.

    But i still feel that the guy has no right to rear end me no matter what
    ,.

    He didnt have a "right" and he is responsible for the damages. <- thats a period.
    just need some advice on the situation. state is california if that helps
    Good luck youngin, and go get a license or dont drive. <- another period.
  9. #9
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by jfisher86 View Post
    Well, the owner of the vehicle that hit us spoke to my dad( he owns our vehicle) and the other guys wants to settle it. We have like another few days to file, so we are weighing our options. The KBB Value for private party in Good condition was 5,000. The estimate I got the other day 3,500 + more work probably when damages under bumper is visible.
    Well, inflated price or not, I wouldnt expect more then 5K

    So, its going to be hard for the guy to settle the damages. He wants to settle because his son has a bad driving record and will get his license suspended after this accident.
    Demand the 5K and offer a release letter, showing you will claim nothing else. The DMV has to be notified of wreaks, especially ones that are deemed "total losses" ( where the damage exceeds the value of the car. It needs to be on the title. but I dont think they care who was driving as long as it doesnt go thru insurance. Not sure tho, I work in NY

    The main thing is the DMV consequences. Will I get suspended one year?
    How can you be suspended, you are not licensed at all. ?

    Will the owner of the vehicle i was driving get a one year suspension?
    I really doubt it.

    Any experience on how much the CA DMV fines in these situations. I am just trying to weight out the cost and benefits of going through insurance.
    Sorry I dont know. It would be mutually benifical to settle this privately for you guys, but if you cannot agree you will have no choice to go thru the insurance, Just dont let to much time elapse before telling them.
    Just wish i prevented this stuff from happening, but yea if you guys have any more advice i'd appreciate it. Thanks!


    Also, what if i got my license after the incident and was added to the insurance on the car. Will that help in preventing my license suspension at all?
    Uh, Im going to go with no, because the fact still remains you had no license at the time of the accident.

    Is their a DMV court that i appear in or do they just send you a letter saying your suspended.
    Here in NY there is only a letter, but what are you talking about, you had no license in the first place.
  10. #10
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    OP should only have to pay the actual value of the car.


    That's only ONE reason.

    But, it is STILL required by LAW.



    Yes, definitely true.

    I'm sorry I had not really read the post before replying, and when I went back I realized my mistake and deleted this reply. Sorry.

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