We often get calls from clients who were involved in a car accident and were driving with a suspended license. Many want to know whether you can still sue or pursue a claim for damages even if you did not have a valid or suspended drivers license. Under California law you WILL be able to recover. However, be aware that insurance companies will try and use that fact as leverage to limit the award or recovery. Although, this will have little to no significance on your case. The fact that you were driving without a license is not cause to deny a claim for injuries. If you were involved in a car accident and have a suspended license know your rights.
Does Driving With a Suspended License Mean I Have No Case?
You will still be permitted to file a lawsuit or file your claim with the insurance company even if you do not have a valid driver’s license. Not having a valid driver’s does not automatically put you at fault for the accident. Insurance companies will routinely make you believe that and try and settle your claim for pennies on the dollar. However, this is not accurate and it is not the law. Not having a valid driver’s license does not place you at fault. Fault is usually determined by the negligent behavior of the parties. Driving without a license does not mean you are at fault. However a certain degree of contributory negligence may apply. Contributory negligence is essentially a division of fault. However, you can argue around this issue. Make sure you are aware of your rights. If you have injuries there is no reason why you should not pursue your case. So many times injures parties ignore their injuries and fail to pursue a claim only to be left with permanent injuries. At fault drivers will be responsible for your injuries. If you were injured contact our offices a free and confidential evaluation of your case.
After My Accident, What Should I Do?
After an automobile accident you will likely get a call from your own insurance company and the other parties insurance company. Why are they calling you? Primarily to get a statement. Statements are almost always recorded and used adversarial or against you in legal proceedings. These statements will be used to ultimately limit or deny your claim. Do I have to make a statement? NO! You are not required to make a statement to the other parties insurance company. However, you will have to make a statement to your own insurance company. Make sure you seek medical treatment for your injuries. Many times injuries can be serious after a car accident. In such cases you should visit your primary care physician or doctor to discuss your injuries. Attorney Representation: You can contact our Los Angeles personal injury attorneys for a free case evaluation at no cost by calling toll free (888) 649-7166.
A Step-by-Step Breakdown of what You Should Do after Your Accident
After being involved in an accident, it can definitely be difficult to try and figure out how to proceed. If you add the worry and stress of having an accident while driving without a valid license, things can become much more complicated. It is important that you stay calm and take the necessary actions to collect evidence and essentially prepare to file an accident claim.
Consider some of the steps listed below:
- Take photos of all your injuries
- Take photos of the scene of the accident (including any property damage to the vehicles involved)
- Contact the local authorities and file a police report (request a copy of your report for your records)
- Speak to witnesses and collect their contact information
- Seek medical attention for your injuries as soon as possible
- Collect all relevant information (insurance information, driver information, vehicle information, etc.)
- File an insurance claim
- Gather all relevant medical records
- Gather all relevant records of lost income
- Gather all records of property damage
- Seek legal assistance as soon as possible
If you are involved in an accident and simply do not know how to proceed, the best thing that you could do is to look for an accident lawyer. A lawyer can guide you every step of the way and help you start the legal process against the at-fault party or entity.
Your Right to Recover Compensation
Without a doubt, you could sue and potentially recover monetary compensation for the harm that you suffered in your accident. What could you recover? How much compensation could you recover? Although the value of your claim might vary significantly based on the details surrounding your claim, you could be eligible to recover some of the following categories of compensation:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of consortium
- Funeral and burial costs
- Punitive damages
For more information about the type of compensation that you could be eligible to receive if your claim is ultimately successful, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience.
What Can Affect the Value of My Claim?
As already mentioned, you could be found at least partially negligent in the accident. More specifically, because you were driving with a suspended license, the opposing party might argue that you were not qualified to be behind the wheel, and therefore, you were at least partially at-fault for the incident. This is essentially comparative negligence. Your total settlement will be reduced by the percentage that you are found to be comparatively negligent. For instance, if you are found to be 15% negligent, then your settlement will be reduced by 15%.
In addition, to whether comparative negligence applies or not, there are other details that could affect the value of your claim. Some of the most important details relevant to case values include the following:
- The extent of the injuries sustained in the accident
- The extent of the mental and emotional harm resulting from the accident
- The total amount of medical bills associated with all the harm resulting from the accident
- The extent of property damage and associated repair costs
- The total income lost as a result of being unable to work due to the resulting injuries
- The insurance policy limits that apply
If you would like to learn more about the factors that determine the value of your car accident claim, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible. Our lawyers are ready to evaluate your car accident claim and help you recover the highest payout possible.
Contact Us Today
Here at Downtown L.A. Law Group, we are happy to help you with your car accident claim. Our lawyers have decades of experience handling all sorts of injury claims, including car accident claims. We are more than ready to evaluate your claim and help you understand your right to sue and discuss your legal options. If you are ready to speak with our car accident lawyers, do not hesitate to contact us today.
We offer free legal services, which include free consultations and free second opinions. During these legal services, our lawyers will answer all your questions and address all your concerns, providing you with the guidance that you need to either begin or continue your car accident claim. To benefit from these free legal services, contact us today.
We offer a Zero-Fee guarantee; therefore, our clients will not be required to pay upfront legal fees for our legal services. In addition, we work on contingency. This means that our clients will actually not be required to pay anything until after reaching a positive claim outcome. If you do not win, you will not pay anything.
If you are ready to speak with the experts at our law firm, contact us today.