What happens if you were not at-fault for a car accident but you had an expired license?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if you were not at-fault for a car accident but you had an expired license?
I got into an auto accident that, through pictures and the police report, was proven to be the 17 year-old other driver’s fault. My license has been expired for over 2 years, but I have current insurance and registration. I was ticketed for the expired license, and my totaled car towed. It has been 2 weeks since the accident and the other driver’s insurance company is saying that they still have not spoken to the 17 year-old driver via his parents. I did go and obtain my license 2 days after the accident. I told the other insurance company that I just want my car fixed. I do have a court appearance next month. What can I expect to happen in court?
Asked on December 15, 2010 under Accident Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
What is the court appearance for? Your tickets? Are you worried that because you were driving without a license? Well, relax. Driving without a license is not what is known as an "indicia of negligence" in a car accident case. In other words, it is not admissible evidence to prove that you were in any way negligent in driving the car. So here is what I think that you need to do: go and have a free consultation with an attorney that specializes in car accident cases. Discuss the matter with him or as to the claim for your property damage. Ask about court but I gather what you will be hit with is a fine for the expired license and that is it. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.