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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Unlicensed Driver Involved in a Car Accident

    My question involves an accident that occurred in the state of: California

    My husband was involved in a car accident today. He is currently not licensed and drove up to the local market. We do have insurance. Many photos were taken at the accident so that fault could be determinded at a later date. What happened is my husband made a left turn out of the market onto the roadway. As he proceeded down the roadway approx 20-25 ft from parking lot the other car pulled from curb and struck our vehicle from passeger front tire down to passenger side back door busting out the passenger side window. A lot of damage to both vehicles. The other driver was an underage teenage unlicensed (maybe 13) and her mother was standing on their front porch. The mother came running down from the porch and immediately asked my husband for the police not to be involved. My husband was honest with them and told them he was unlicensed but insured. When insurance information was transfered the other party then stated the daughter was not behind the wheel and began lying about the accident. They refused to give the daughters name. They are now trying to claim the mother was driving and that my husband is at fault. He did not call police because he was unlicensed and they were stating to him everyone would be arrested and vehicles impounded. We want this to go through our insurance and be very honest with what happened. What legal issues would we be facing as he is unlicensed?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,147

    Default Re: Unlicensed Driver Involved in a Car Accident

    The unlicensed drivers will face potential misdemeanor criminal allegations. And, the parents of the child that permitted her to drive can also be charged with misdemeanors. However, since the police were not involved, the odds are very slim that the police will get involved now.

    However, depending on the insurance policies, one or both companies may deny responsibility as a result of the unlicensed driver being behind the wheel.

    This will be a mess. He should probably speak with his insurer ASAP. And if the damages are over $750 the collision must be reported to the DFMV. The DMV might take administrative action against one or both of the unlicensed partes, however.

    http://www.dmv.ca.gov/forms/sr/sr1.htm
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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