UnLICENSED

[Mr. Man]

What is the name of your state? CA
If you are an unlicensed driver involved in an accident, which was not your fault, how will it be handled by the DMV, courts and insurance companies?

[JETX]

Originally Posted by Mr. Man

What is the name of your state? CA
If you are an unlicensed driver involved in an accident, which was not your fault, how will it be handled by the DMV, courts and insurance companies?

No one can answer how it WILL be handled.... only what MIGHT happen.
You might get a ticket. You might get a fine. You might be found at fault.

[CdwJava]

Originally Posted by Mr. Man

What is the name of your state? CA
If you are an unlicensed driver involved in an accident, which was not your fault, how will it be handled by the DMV, courts and insurance companies?

Your rates will probably still go up as you will almost certainly be cited for being unlicensed. You may also lose the car for up to 30 days (if there is anything left). And it will take more fines and time to get your license back due to the new violation.

Would you care to be a little more specific as to what happened?

- Carl

[Mr. Man]

found at fault based on what law or legal code? If the other person caused the accident, how can you be found "at fault" regardless of a lack of dl?

[CdwJava]

Originally Posted by Mr. Man

found at fault based on what law or legal code? If the other person caused the accident, how can you be found "at fault" regardless of a lack of dl?

Fault is determined by the agency investigating the collision. Your lack of a license does not make you automatically at fault in CA. However, all because you say you are not at fault does not mean this is so.

Also, keep in mind that insurance companies and civil courts assign fault in a way that does not always coincide with the Vehicle Code, so one can be found to be the party most fault per the police and the DMV, but still be held most liable by the insurance companies or a civil court judge.

- Carl

[JETX]

Originally Posted by Mr. Man

found at fault based on what law or legal code? If the other person caused the accident, how can you be found "at fault" regardless of a lack of dl?

Carl is correct... and what I was alluding to.

Also, it is important to note that the question asked by the OP ("If you are an unlicensed driver involved in an accident, which was not your fault, how will it be handled by the DMV, courts and insurance companies?"), wasn't limited to what might happen as a result of the no license, but HOW "the accident will be handled". Notice that the accident was the subject of the sentence.

[Mr. Man]

My sister-in-law never bothered to get a dl and didn't even learn to drive until she was 24. She was driving on a residential street when a car with two elderly women pulled in front of her.

The car was totalled and insured under her husband "excluding" her as a driver. The officer who took the report stated that it was obvious to him that the elderly lady was at fault.

She is worried about criminal action and her car being replaced by the other insurance company, as her husband's would in no way cover her. I don't think she is too worried about DMV restrictions, as she hasn't seemed to worry about being legally licensed for over 3 years (simply laziness).

[I AM ALWAYS LIABLE]

Originally Posted by Mr. Man

My sister-in-law never bothered to get a dl and didn't even learn to drive until she was 24. She was driving on a residential street when a car with two elderly women pulled in front of her.

The car was totalled and insured under her husband "excluding" her as a driver. The officer who took the report stated that it was obvious to him that the elderly lady was at fault.

She is worried about criminal action and her car being replaced by the other insurance company, as her husband's would in no way cover her. I don't think she is too worried about DMV restrictions, as she hasn't seemed to worry about being legally licensed for over 3 years (simply laziness).

My response:

She won't have to worry about "restrictions". But, she will have to worry about big fines levied by the DMV and the court, both of whom are independent of one another. She also won't get any General Damages (pain and suffering damages) if she was hurt. Lastly, she'll be at the whim of the old lady's insurance company as to when, and how well, the car gets repaired. They may take their "sweet time" to investigate the cause of the incident; perhaps a month or more before they may decide to pay for repairs to your sister's vehicle.

IAAL

[CdwJava]

It is also possible that hubbie's insurance company won't even get involved as he committed a crime by permitting his wife to drive the car while being unlicensed. So he and his wife may be in the position of having to hire an attorney to seek restitution from the other party's insurance company if they balk.

The problem with being an unlicensed driver is that most people and courts don't have sympathy for you.

- Carl

[Mr. Man]

If the car is registered to both husband and wife, I doubt her husband could be held responsible for her unlicensed driving.

Of course his insurance will not be involved, as the car is not covered while she drives.

[CdwJava]

Originally Posted by Mr. Man

If the car is registered to both husband and wife, I doubt her husband could be held responsible for her unlicensed driving.

Of course his insurance will not be involved, as the car is not covered while she drives.

But as a registrant of the car he is also responsible for permitting an unlicensed driver to operate his car. He could be charged with a crime. Doubtful - but possible.

- Carl

[lwpat]

In any case his insurance will be cancelled and then they will both continue to drive without insurance. Hopefully the car will never be fixed.

[Mr. Man]

There is no way his insurance will be cancelled. He is insured to drive both his truck and the car (of discussion). His wife is "excluded" as a covered driver of the car.

It would be a different situation if he had allowed me to drive his car and I was uninsured, which he was aware. His insurance is not applicable, it is as if his wife was not only unlicensed but uninsured.

Further, if property is owned by two parties (him "or" her) there is way the other person is responsible for the actions "criminally" of the other. That would be like saying, if a married couple both licensed and insured were registered owners of a vehicle and one drove drunk causing an accident, that the other could charged with drunk driving. The only possible consequence he faces is financial responsibility.

[CdwJava]

CVC sections 14604 - 14606 cover this area of law.

14604. (a) No owner of a motor vehicle may knowingly allow another
person to drive the vehicle upon a highway unless the owner
determines that the person possesses a valid driver's license that
authorizes the person to operate the vehicle.

Yes, he CAN be charged with a crime. In fact, in your hypothetical, he could conceivably also face criminal charges for knowingly allowing her to drive intoxicated (if she committed some heinous act such as killing or maiming somone).

Chances are he won't be charged in this instance, but don't presume that his consequences are only financial. The fact that she is also a registered owner does NOT absolve him of responsibility under the law.

However she DID commit a misdemeanor criminal offense and could face criminal charges. And the penalties will become greater for each subsequent arrest or citation.

Once the other insurance company sniffs around and finds that she has not had a license for a while, they might decide to dig in their heels ... and, the cops just might get a call on the situation.

The insurance company would have no real great drive to settle this matter out of court ... First, the "other side" would not be represented by counsel unless they paid out of pocket. Second, they would be able to make great hay out of the other driver's chronic unlicensed status. They may not be inclined to give much more than a very minimal settlement offer.

- Carl

[Mr. Man]

I have been corrected! THANKS! Why didn't I just go to the DMV web page?

It is a misdemeaner punishable by up to $1000 and/or 6 months is jail!!!! YIKS!

My brother-in-law was getting freaked out yesterday, when just suggesting he might have to go to small claims court, if the other insurance budged.