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Do I have to pay damages for someone who was not supposed to be on the road?

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fredguzman1

Junior Member
What is the name of your state? CA

I was driving my father's car which is covered with liability insurance, but i am not covered as a driver. I rear-ended another motorist and we both agreed that it was my fault. The other driver said that he preferred that the police and insurance companies not become involved because he has a provisional license(to and from work only) and was not supposed to be driving at that time. We exchanged information, and now he is presenting me with an outrageous sum that is supposedly the total damage cost to repair his car. My question is, if he was not supposed to be driving at that time, and there was not claims made made to an insurance company, or a police report filed, am legally responsible for the damages?
 


ecmst12

Senior Member
None of the following have any bearing on the fault determination:
  • Whether the driver had a license
  • Whether the driver's license was suspended
  • Whether the driver is in the country legally
  • Whether the car was registered
  • Whether the car was insured (in most states)

The ONLY thing that matters is which driver exhibited the greatest negligence. That was you, so you are legally liable for the damages.

Have you reported the claim to your insurance company? Are you EXCLUDED from coverage on the car, or just not listed? If you're not excluded, and had permission to be driving the car, then there's a good chance they will cover you for the accident.
 

fredguzman1

Junior Member
I am not on the insurance at all...my concern is, if there is no "proof" that i hit the car, can i just walk away? (as awful as it seems)
 

Zigner

Senior Member, Non-Attorney
You are required, by law, to report any accident to the DMV in which property damage greater than $750 (to any one party) occurs.

The up side: He'll lose his provisional license
The down side: You may lose your license for a year (but can get a provisional license).

You are worried about whether he should have been on the road - well, ain't that the pot calling the kettle black. You shouldn't have been on the road either!

Yes you are responsible.
 

ecmst12

Senior Member
Like I said, just because you are not LISTED on the insurance does not necessarily mean you will not be covered for the accident. You need to CALL THE INSURANCE COMPANY (claims dept, not the agent) and ask them.

Of course there's proof you hit the other car. There's damage to his car, there's damage to your car, there's paint exchange. Plus why else would he have your information if you didn't hit him. Don't be an idiot.
 

Zigner

Senior Member, Non-Attorney
Like I said, just because you are not LISTED on the insurance does not necessarily mean you will not be covered for the accident. You need to CALL THE INSURANCE COMPANY (claims dept, not the agent) and ask them.
I agree - my prior post was based on the OP's insistence that he was not covered.
 

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