What happens if my husband was not at-fault for a car accident but didn’t have insurance or a license?
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What happens if my husband was not at-fault for a car accident but didn’t have insurance or a license?
My husband was driving my SUV to pick up our daughter from school. He was hit on the passenger side by another car that was coming toward him, as he was turning into a gas station to get gas. He was cited for no insurance and no license. My car was towed by a towing company because it was undrivable. I called the at-fault driver’s insurer and they had a claim number for me already. What does that mean? Did the other driver report it to them or was it the police? Would I get anything due to the fact that the police officer stated that it was her fault?
Asked on December 21, 2010 under Accident Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
1) No matter who's fault it is, you will not receive anything unless you try to file a claim. Nobody reaches out to you to give you money.
2) Regardless of what the police officer said, if the other party or their insurer sues you, it's not a given you'd win--that depends on what evidence each side musters and, if it goes to trial, what a judge and/or jury thinks.
3) In the context of the above, be aware that not having a license will act against you; it will create a presumption that your husband was a bad or unqualified driver.
4) Also, your husband faces potential liability for driving with a license and without insurance.
You should speak with an attorney to get advice about whether you can state a claim or sue, and then help you do so; to be prepared to defend yourself if sued; and to deal with the repurcussions, if they come up, of your husband driving w/out license or insurance. And do NOT let your husband drive again until he has both.
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