Visitor Question

In a Collision with an Invalid License…

Submitted By: Anonymous (USA)

I was driving my brother’s insured car in our apartment complex when suddenly a lady backed out of a parking space and hit my brother’s car. Later on that day she changed her story claiming the collision was my fault. So we both made claims with each others’ insurance.

Even though I’m sure it was her fault, I’m concerned because my drivers license is not valid. Will my invalid license effect the claim since I was driving my brother’s car? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

No. The status of your license should have little or nothing to do with your liability, or that of your brother. Although it might seem logical, if you were obeying the law and not driving that day as you should not have been, the collision would not have occurred. Thankfully for you it doesn’t work exactly like that.

The claim will come down to who was at fault. From the facts you present it would appear quite apparent the other driver was. If you were driving through the parking lot and the other driver backed out of her parking space, she would be liable, and not you.

Your brother’s driver’s license or his insurance should not be adversely affected at all. That presumes your rendering of the facts is accurate and there aren’t any other facts which might have a bearing on the matter.

The entire matter boils down to who was at fault. Clearly the other driver was. The rest should take care of itself.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 20, 2011

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One thought on “In a Collision with an Invalid License…

  1. I was in an accident a few months ago. I was completely stopped and was hit from behind by a SUV. My vehicle was a complete right off with over $7,500 in damage. I hit the vehicle in front of me causing that vehicle thousands of dollars in damage. The accident is 100% the fault of the guy who rear ended me.

    I smashed my head 3 times and smashed my jaw on the steering wheel. I have been dealing with a concussion ever since and I have developed first bite syndrome because of the injury to my jaw.

    I have been off of work ever since the collision. I have prepared a folder of documents for the insurance company for a liability claim, however I’m still under the care of medical professionals. I have received a few phone calls from the insurance company pretty much trying to settle my claim.

    I would like to know if I should start negotiations with the insurance company even though I am still seeing doctors. I could potentially suffer from first bite syndrome for the rest of my life and concussions could come very easy.

    I am not sure how one would put a price tag on this type of injury. Do you have any information that you could share with me on how I should proceed with this? Thank you

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