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Suspended License, At-Fault Accident

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LamontLA

Junior Member
CA

I let a friend borrow my car to run an errand, and she ran into the back of another car. It was very minor. My car had no damage and the other very minimal. No police were called, and they exchanged information. I have full coverage. Unfortunately, I found out that she has a suspended license, after the fact. I have Geico. My question is: Will my insurance deny the claim since the driver is not licensed and not on my insurance? Also, the person hit is now claiming that they suffered injuries. Will Geico report my friend to the DMV? Thank you.
 


LdiJ

Senior Member
CA

I let a friend borrow my car to run an errand, and she ran into the back of another car. It was very minor. My car had no damage and the other very minimal. No police were called, and they exchanged information. I have full coverage. Unfortunately, I found out that she has a suspended license, after the fact. I have Geico. My question is: Will my insurance deny the claim since the driver is not licensed and not on my insurance? Also, the person hit is now claiming that they suffered injuries. Will Geico report my friend to the DMV? Thank you.
So, it was your friend who had a suspended license? Yes, its quite possible that Geico will deny the claim. Its also possible that they will report your friend to the DMV. Your friend was not a good friend at all if she borrowed your car while she had a suspended license.
 

Zigner

Senior Member, Non-Attorney
CA

I let a friend borrow my car to run an errand, and she ran into the back of another car. It was very minor. My car had no damage and the other very minimal. No police were called, and they exchanged information. I have full coverage. Unfortunately, I found out that she has a suspended license, after the fact. I have Geico. My question is: Will my insurance deny the claim since the driver is not licensed and not on my insurance? Also, the person hit is now claiming that they suffered injuries. Will Geico report my friend to the DMV? Thank you.
1: Not being listed on your coverage won't play a factor in this, assuming your friend is just an "occasional driver" and not a member of the household. You are allowed to loan your car out and have your coverage apply.
2: Her driving on a suspended license may or may not affect this. I would think they may cover it and then drop you, but that's a question better asked of your agent.
3: Geico won't report anybody to the DMV. Because of the (claimed) injury, the other party MUST (by law) report the accident to the DMV, and so must your friend. Frankly, I'd be surprised if the other party hasn't mailed off the report already.
 

Zigner

Senior Member, Non-Attorney
Its also possible that they will report your friend to the DMV.
Insurance companies don't file accident reports with the DMV in CA. The onus is on the involved parties. If there is damage to any one party of over $1,000, or if there is any injury or death, the involved parties must file the report.

ETA: https://www.dmv.ca.gov/portal/dmv/detail/forms/sr/sr1
 

CdwJava

Senior Member
You should also be aware that it is a misdemeanor in CA to allow an unlicensed driver to operate your motor vehicle without making reasonable efforts to determine that they have a valid license. If the police were not involved, you likely dodged that bullet, but it is something that could potentially still come into play - even if it is unlikely. In the future, require friends to show them a valid license. No license, no loaned car.

Oh, and asking them if they have a license is not likely to be "reasonable." However, if you asked them for a valid license and they presented you with one they had in their possession, then THAT would be "reasonable."
 

FlyingRon

Senior Member
To make Zigner's statement clear. If there is more than $1500 in damage or there are injuries BOTH drivers must report even if you weren't the injured party.
 

Zigner

Senior Member, Non-Attorney
To make Zigner's statement clear. If there is more than $1500 in damage or there are injuries BOTH drivers must report even if you weren't the injured party.
The limit is $1,000...not $1,500. And that's to any one party. Each vehicle could have $999.99 worth of damage and no report would be required. See https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=16000.
 

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