Legal Question in Civil Litigation in California
unlicensed driver
Can an unlicensed driver involved in an auto acident sue a licensed driver for damages to his/her vehicle?
4 Answers from Attorneys
Re: unlicensed driver
Under prop 213 an uninsured party may sue for its special damages (meds, property) but may not obtain pain and suffering damages.
Re: unlicensed driver
Yes.
Re: unlicensed driver
The fact that a driver is unlicensed is not a presumption of fault. Feel free to call us at 213.388.7070 for a free consultation.
Re: unlicensed driver
Of course. If you are the victim, not at fault party, you bring your claim regardless of license or insurance status of you or the other guy. If you are the at fault party, without insurance you are facing a real problem if there are serious injuries and case value. You'll also face DMV and court action for the violation of the law.