Visitor Question

Head On Collision While Driving on a Suspended License…

Submitted By: Anonymous (Kentucky)

I was in a head on collision which was determined to be the other driver’s fault. He came into my lane when we were going in opposite directions. The liability seems clear. The only problem is I was driving on a suspended license at the time.

I’m wondering if I can still get an insurance settlement from the at fault driver’s insurance company if I my license was suspended at the time of the crash? 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,

Yes you can get an insurance settlement from an at-fault driver’s insurance company even if your license was suspended at the time of the collision.

These are two different issues entirely. Unless there is some evidence linking your suspended license to the collision, the liability for the collision will lie entirely upon the driver of the vehicle who caused the collision.

From the facts you present we are unable to determine if you received a citation from the police for driving while your license was suspended. If you did receive a citation, the at-fault driver’s insurance company may attempt to bring the issue up during the settlement negotiations.

Ignore any attempts by the at-fault driver’s insurance company’s insurance representative, called a “Claims Adjuster,” to minimize your settlement amount proportionate to what the Adjuster says it should be.

In the event the case cannot be settled and the case goes to trial, the State of Kentucky’s Code of Criminal Procedure prohibits the Attorney for the at-fault driver from asking any questions of any witness which speaks of, or even alludes to, your suspended license.

For the suspension to be brought up in Court you would have to have been convicted of the crime of driving while your license was suspended, and the conviction would have had to be in effect at the time of the collision. Otherwise the Court will disallow any testimony or evidence to that effect.

One other exception exists… As we mentioned earlier, the only other reason the suspended license could be brought up is if the at-fault driver’s insurance company’s Attorneys can somehow show that your suspended license caused the collision.

So you will be just fine. We would though suggest you take whatever action you need to remove the suspension and move on.

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: August 23, 2011

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