Legal Question in Personal Injury in California

Technically, the lack of a driver's license does not matter as it has nothing to do with whether he was negligent or not. The problem is that because he has no insurance he can not collect for any pain and suffering, only for property damage, medical bills, lost wages, and other out of pocket expenses.

No as to the drivers license with regard to the payment of damages but yes as to the fact that he was uninsured. What is known as Proposition 213 bars him from getting paid any damages not out of pocket so no pain and suffering compensation or emotional distress will be paid him. He can also lose his drivers license for a year because he was driving without insurance regardless of whose was at fault in the accident. In addition, driving without a drivers license is a misdeanor so he could be facing at least a fine and maybe some jail time depending on how things are handled in the area of the accident. The police don't like it when people are driving with no license and no insurance so sometimes the officer investigating the accident is prejudiced in making a determination of fault and blames the unlicensed/uninsured driver for the accident even if the evidence may be otherwise. Therefore, don't be surprised if he is determined to be at fault by the officer who took the report.

I have a follow-up question before I can answer your question for sure: was the car driver arrested for DUI? If so, call me at (877) LION-FOR-LAW (546-6367) or email me at [email protected]

Not having a driver�s license or insurance means your friend will not be entitled to compensation for pain and suffering, but he may be entitled to compensation for medical bills and property damage. Especially considering this, I would recommend a strong attorney that can manage your medical and property bills and negotiate a favorable compensation.

This response is for informational purposes only and should not be construed as legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel. For specific information or for a free initial consultation with an attorney, contact (855) THRU-LAW or visit www.ThruLaw.com.

I am one of the top motorcycle accident attorneys in the State of California. You can check me out at www.bikerlawyer.net and www.bikerlawblog.com. Have your friend give me a call for a free consultation at 800-816-1529 x. 1.