Rear ended unlicensed driver...at fault?

[rescuer87]

What is the name of your state? CA
A couple months ago i rear ended an unlicensed driver on the highway and he slightly tapped someone else. We called CHP and they took care of everything. Some people have told me that the accident is automatically considered his fault since he had no license and no insurance. Is this true? Would this mean i wouldnt get a dmv point on my record? Thanks for any input.

 

[shell007]

What is the name of your state? CA
A couple months ago i rear ended an unlicensed driver on the highway and he slightly tapped someone else. We called CHP and they took care of everything. Some people have told me that the accident is automatically considered his fault since he had no license and no insurance. Is this true? Would this mean i wouldnt get a dmv point on my record? Thanks for any input.

I would say that the "middle" driver MAY get a citation for no insurance, but I don't see how that makes the accident automatically his fault. YOU were the one at fault. YOU hit HIM.

Stand by!

 

[Happy Trails]

No, it's not true.

 

[LawAbiding]

No, it's not true.

You gotta just love these ambiguous answers!
Was it directed at post #1 or post #2 ?????
Oh and while you're at it, which part of the post is not true?

 

[CdwJava]

What is the name of your state? CA
A couple months ago i rear ended an unlicensed driver on the highway and he slightly tapped someone else. We called CHP and they took care of everything. Some people have told me that the accident is automatically considered his fault since he had no license and no insurance. Is this true? Would this mean i wouldnt get a dmv point on my record? Thanks for any input.

You rear-ended someone, then YOU are at fault. If both vehicles were moving then the primary collision factor was likely due to your "following too close." if the vehicle in front of you was stopped, then it was "unsafe speed."

The license status of the party you hit is not relevant to the determination of fault by the state of CA and the DMV.

And this could result in two points: 1 point for being the party most at fault, and another point if a citation was issued and a conviction results for the violation.

- Carl

 

[Happy Trails]

What is the name of your state? CA
A couple months ago i rear ended an unlicensed driver on the highway and he slightly tapped someone else. We called CHP and they took care of everything. Some people have told me that the accident is automatically considered his fault since he had no license and no insurance. Is this true? Would this mean i wouldnt get a dmv point on my record? Thanks for any input.

No, it's not true.

The poster is guilty of hitting an unlicensed driver.

This poster is thinking since this accident involved an unlicensed driver (who shouldn't have been on the road) that his accident shouldn't count, because if he wouldn't have been driving illegally, rescuer87 wouldn't have hit him.

Doesn't work that way.

The unlicensed driver didn't cause the accident. Rescuer87 is hoping to keep it off his record by coming up with some technicality.

Shellandty was correct.

 

[ecmst12]

Someone posted on another thread that in some states, if one of the drivers is in the process of committing a crime, they are automatically at fault in an accident. I would think that driving without a license is considered a crime.

 

[CdwJava]

Someone posted on another thread that in some states, if one of the drivers is in the process of committing a crime, they are automatically at fault in an accident. I would think that driving without a license is considered a crime.

It depends on the crime, and the state. Since the OP was asking about CA law on the matter, then an unlicensed driver cannot be the party most at fault.

It IS a crime, but it is not one that can be used as a PCF. In CA the only "status" that comes to mind that can be a PCF is DUI.

- Carl

 

[ecmst12]

Ok thanks