If I was in an accident, and had no license but the car was insured, what happens and who pays what???
Question: I was recently in a car accident on an expressway. An 18-wheeler rammed into my side and made the car spin around and crash into the barricades that divide east/westbound traffic. The car is insured, but I didn't have a license. I usually car pool with friends to college, but that morning I was late so I took the car and hoped for the best not knowing what was gonna happen. Their insurance called and tried to make it seem like it was my fault, when in reality the truck driver charged into my lane and hit me. I was honking and everything and he still came towards me and hit me. I just dont know what to do. The truck driver told them it was my fault and the police report says it is under investigation. What can I do? the car is not totalled but has about 3,000 in damages, and I still owe another 5,000 on it. Who will pay for it, and will the insurance cover any of it??
Answers: If the vehicle was insured, there is coverage for the loss. If you have collision coverage, the vehicle will be covered. Coverage is conditional - if you had permission to drive the vehicle - so when you or whomever files the claim - the claims adjuster will ask the owner/policyholder if you had permission to drive the vehicle, if they say yes - then coverage will be extended.
As for the investigation - each respective carrier will conduct their own independent investigation, they will use the police report as a tool, but it is definitely not a deciding factor.
Your best bet - go ahead and file the claim and let the insurance companies resolve the issues. Just make sure you are cooperative, as your carrier will want a statement from you.
How did you get insurance if you have no licence.
I would have thought the insurance would be void.
No your not supposed to be on the road with out a license
I think you are screwed. Driving without a license will always make you look like the bad one even if it was totally someone elses fault. It also matters if the car insurance was under your name or someone else. If it was someone else, it may not cover anything since that person was not the driver at the time.
This is what you have insurance for... claim and file a claim. They will hash it out with the other carrier regarding liability. Worse case scenario.. it will be word vs word and the other company will not pay for your damages (without proof.. why would they?) In this case, if you have collision.. you would use that coverage and get the cost of repairs minus your deductible. Insurance doesnt care at this point if you have your license or not.
people with no lic for some reason? always get into trouble and wrecks and create havoc. regardless of who is at fault I dont feel sorry for you. you should have a lic if you want to drive. maybe if you had lic you would know how to avoid an accident. maybe you sped up into his blind spot and he didnt have a chance to see you because you were speeding. If there were no witness its his word against yours. If the truck driver was not lic you would want to sue him and his company but since the shoe is on the other foot its not your fault. If you had not been driving it would not have happened.
Your insurance is invalid because you don't have a license to drive. Now, you are at risk of a lawsuit, will receive tickets and fines for driving without a license, and may look forward to high incurance rates for the next three years, or when you get your license back. SR-22 insurance will be required. And your car, if it has more than 60%of it's value lost in damages, the car will be totalled, you will be upside down on the loan, and will be required to pay off the loan, even though you have no car. That snap decision is gonna be costly.
You will get better help if you tell us what state you are in. I have been handling claims in for 20 years in approx 25 states and am not aware of any state that says you are automatically at-fault if you don't have a license. (in my opinion that would be a really stupid law .... I could see CA doing that). I have also never seen a state that says if you drive without a license that your insurance would be invalid.
In MOST states the fact that you don't have DL is not an issue. Don't get me wrong driving without a license is just dumb and often stupid and selfish. Trust me Karma gets the people who drive without DL or those who drive drunk.
If you haven't already done so you report this to your company right away. The only thing you really need to worry about is what will the investigation show regarding who was negligent.
Answers: If the vehicle was insured, there is coverage for the loss. If you have collision coverage, the vehicle will be covered. Coverage is conditional - if you had permission to drive the vehicle - so when you or whomever files the claim - the claims adjuster will ask the owner/policyholder if you had permission to drive the vehicle, if they say yes - then coverage will be extended.
As for the investigation - each respective carrier will conduct their own independent investigation, they will use the police report as a tool, but it is definitely not a deciding factor.
Your best bet - go ahead and file the claim and let the insurance companies resolve the issues. Just make sure you are cooperative, as your carrier will want a statement from you.
How did you get insurance if you have no licence.
I would have thought the insurance would be void.
No your not supposed to be on the road with out a license
I think you are screwed. Driving without a license will always make you look like the bad one even if it was totally someone elses fault. It also matters if the car insurance was under your name or someone else. If it was someone else, it may not cover anything since that person was not the driver at the time.
This is what you have insurance for... claim and file a claim. They will hash it out with the other carrier regarding liability. Worse case scenario.. it will be word vs word and the other company will not pay for your damages (without proof.. why would they?) In this case, if you have collision.. you would use that coverage and get the cost of repairs minus your deductible. Insurance doesnt care at this point if you have your license or not.
people with no lic for some reason? always get into trouble and wrecks and create havoc. regardless of who is at fault I dont feel sorry for you. you should have a lic if you want to drive. maybe if you had lic you would know how to avoid an accident. maybe you sped up into his blind spot and he didnt have a chance to see you because you were speeding. If there were no witness its his word against yours. If the truck driver was not lic you would want to sue him and his company but since the shoe is on the other foot its not your fault. If you had not been driving it would not have happened.
Your insurance is invalid because you don't have a license to drive. Now, you are at risk of a lawsuit, will receive tickets and fines for driving without a license, and may look forward to high incurance rates for the next three years, or when you get your license back. SR-22 insurance will be required. And your car, if it has more than 60%of it's value lost in damages, the car will be totalled, you will be upside down on the loan, and will be required to pay off the loan, even though you have no car. That snap decision is gonna be costly.
You will get better help if you tell us what state you are in. I have been handling claims in for 20 years in approx 25 states and am not aware of any state that says you are automatically at-fault if you don't have a license. (in my opinion that would be a really stupid law .... I could see CA doing that). I have also never seen a state that says if you drive without a license that your insurance would be invalid.
In MOST states the fact that you don't have DL is not an issue. Don't get me wrong driving without a license is just dumb and often stupid and selfish. Trust me Karma gets the people who drive without DL or those who drive drunk.
If you haven't already done so you report this to your company right away. The only thing you really need to worry about is what will the investigation show regarding who was negligent.
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