If I was involved in an auto accident that was not my fault but have a suspended license and no insurance, do I have any legal recourse?
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If I was involved in an auto accident that was not my fault but have a suspended license and no insurance, do I have any legal recourse?
Asked on July 8, 2014 under Accident Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You are not automatically at fault for causing the accident due to your suspended license and lack of insurance, so if there was another driver involved and at fault, he or she should not be able to recover compensation from you (assuming that, if sued, you can prove, such as through police reports, photgraphs, testimony, etc. that you were not at fault). Similarly, if you suffered injuries, property damage, due to the fault of a carless, etc., driver you could sue them for compensation.
That's the law. Practically, expect that if you had a suspended license at the time of the accident, you will find it more difficult to win a case; there will be a natural presumption on the part of judge and/or jury that if you were driving without a license, you were at fault.
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