Fender bender, no license, no insurance? What can we do?
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My wife was in a fender bender that caused visual damage to both vehicles. She has no drivers license and our vehicle is not insured. Although I feel the other individual is at fault based on what I have heard from my wife and the other car driver, I was not present at the time of accident. The other car owner has insurance & is licensed. When I arrived at the scene, the police had issued two tickets to my wife for no license & insurance. Officer explained it was a civil matter & the steps after would be up to us. They are seeking a cash settlement or will go to there insurance. Out of fear of wife being liable for more & even though I do not believe my wife is at fault, but since she had no license or insurance, I feel obligated to pay the cash of $1700. If they go to there insurance, is my wife liable for more than damages, what can kind trouble can she get in? scared and confused? I want to do what is right. Please offer suggestions or your comments. Thank you,
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Answer:
Since you seem willing to do the fair thing, ask the other driver to file on his insurance. The reason for this is that insurance companies now assign % of fault - they may cover X of the expense and ask that you cover X amount; this is different than they used to do years ago. The fact that your wife got two tickets may not come into play with the insurance company as they are dealing strictly with property damage. The reason I know this is years back this man just came out of a side street and ran into the front of my car, ripping it open from front to back down the passenger side, pushing the entire car into the curb and causing tire damage on the driver's side! Before all the facts were known, his insurance company talked to me, explaining the % deal. Turned out the man was in the process of having a stroke, so he was found by his insurance company to be 100% responsible. You sound like an honest and up-front guy; kuddos to you. However, I recommend your wife obtain a license and that you carry insurance.
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Other answers
Whatever you do!!!!! Make sure you put the agreement in writing and have him sign it!!! Just for your records that the matter was resolved. There is nothing to keep him from filing with his insurence still and sueing for the damages. You may be a good person but not everyone is so trustworthy.
Roadrage96
As of now, you own nothing. All the court will only see is an unlicensed, uninsured driver who should not have been driving. Get a Good Lawyer so the system does not take the pennies from your eyes when you die. Good Luck
csburridge
no licence.. is breaking the law.... pay for the repairs before it goes to court and costs start to increase for court costs and other fines
troubled down under
In most states you wife is at fault anyway because she was driving uninsured. You will have to check with your local county attorney to see if it is that way in your state. Id pay for the damages but in Kentucky getting a ticket for driving without insurance is a 500 dollar fine and driving without a license is 250. Is she suspended or just no license? If you do not pay the ticket then you can have a warrant issued.
Velvet Brooks
You got off cheap. My son rear ended a car load of illegals. He had license and insurance. Ileagles were fine and couldn't wait to leave accident scene, then three days later at the lawyers office they were ALL hurt. Insurance paid them from $8-14 THOUSAND each. So stop sniveling. At least you fixed the guys car.
roady42
Your wife is liable for penalties for driving without a license. It is also possible that you could be liable for allowing an unlicensed person to drive your car. If insurance is mandatory in your state and you are the registered owner of the car you are liable for not being insured. Most insurance policies have a provision for collisions with uninsured motorists, I think I would let their insurance pay for the other driver's damages. That insurance company may come back at you for damages but that is their call. The damages to your car are your responsibility. If you can and you feel you should, pay the other guys damages. You will still have to deal with the lack of insurance and your wife will have to deal with unlicensed driving charges, unless the cops aren't inclined to file those charges. Good luck with this... and get your wife licensed and you too if you are not. And get insured! j
maJiCMan
This sounds like extortion to me. You've already been busted for no insurance, and the tickets will show up your wife's motor vehicle record (MVR), even though she doesn't have a license. In addition to your wife, they will likely try and go after whoever owns the car, so don't be suprised if they try and go after you seperately if you are the owner. If you honestly feel that your wife is not at fault, I would get a copy ofthe police report as soon as you can, then find an attorney to talk to. Get names of any witnesses to talk to. Many areas have a local legal office you can go to at least for an initial consultation if you cannot afford an attorney. Explain that you have no insurance (now you know why people carry at least the minimum insurance: ever see the 1800+GENERAL or 1-800-SAFE-AUTO commercials? ). I am sure you are keenly aware of that now... water under the bridge. Most states have a financial responsibility law that requires insurance or the assets to cover the claim. You may now want to check your state's requirements and penalties for no-insurance. Your wife may loose the ability to even obtain a license for a while. The penalties may be steep. It all varies by state. Most people are willing to pay $$$ to avoid having a police report made and thus affecting their insurance rates and/or MVRs. By and large, if you are judgement proof (have no real assets to attach, don't own a home, etc), most insurance companies will pay their own policyholders through uninsured/ underinsured insurance (if they got it). But rest assured, the insurance company will try and come after you if they can. If you pay them $1700, there's no guarantee that they won't contact their insurance company anyway and deny that they ever received the $1700. Hopefully an attorney can provide you more info than I.
sydnee919
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