Legal Question in Personal Injury in California

in california if your involved in a automobile accident and its not your fault its the other party but the other party driver has not insurance or drivers license and the car hes driving isn't his either, but the passenger in the car is the owner and does have insurance but no drivers license and i have both drivers license and insurance but i don't have current tags on vehicle but all my registration fees have been paid for i only haven't been able to pass smog and that's why i don't have current tags on my vehicle. what can i do? can i turn it over to their insurance company there wasn't a police report made, we just exchanged information. i already went and got a estimate can i submit it to their insurance company or could i get in some type of trouble for not having current tags on my vehicle. what can i do. could i possibly loose my insurance because of this? will the other party insurance take care of my damages or what? please respond asap. thank you


Asked on 6/14/11, 12:21 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The lack of tags did not cause the accident to occur, so it is irrelevant. The owner of the vehicle is liable for the first $15,000 in damages [jointly liable with the driver]. Do not tell anyone about the tags; did the other people notice it? Contact their insurance company. Do not tell them he has no driver's license as that would probably make the insurance policy void.

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Answered on 6/14/11, 2:16 pm

I disagree with Mr. Shers in part. He is completely correct that the tags are completely irrelevant. Don't even worry about it. Don't worry about the licenses either. Not your problem. Where I disagree with Mr. Shers is that you should not waste your time with the other party's insurance. They are guaranteed to jerk you around, because they have no legal obligation to you. Some people think that if they don't notify their own insurance company and just go through the other guy's insurance then their insurance won't know and their rates won't go up. That is false. The insurance companies report claims to the DMV if you don't. It's all public record. So just tender to your insurance company and let them do the work for you. And just forget about the tags and licenses. Not your problem.

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Answered on 6/14/11, 4:32 pm


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