I had a wreck with a man that did not have a license and was not on the auto insurance.

UPDATED: Oct 14, 2020

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I had an accident the other day pulling out of a shopping center. I was turning left and like I’ve always done (and you’re suppose to do), looked left, looked right, looked back left before I pulled out. The coast was clear both ways BUT on my right I did see a person coming but he was in the straight lane, not the center turning lane (the lane I was going to get in to turn on the road ahead). He switched lanes as I was pulling out and turned in front of me causing me to hit him because I never saw him get in that lane or turn. We pulled over and waited for the cop to arrive. He didn’t tell me, but he did not have a license and was not on the auto insurance. It was his wife’s car and all in her name. What I’ve always heard was that whether your at fault or not, it automatically gets put on the other person if they do not have a license to drive. I have full coverage insurance through USAA. Also, I didn’t receive the information of the cars insurance or owner information. Will this be in the police report?”

Asked May 22, 2017

1 Answer

Police reports for an auto accident include car insurance details and owner information on both parties.

Basic details on a police report include:

  • Date and Time of the Accident
  • Location including County and Road
  • Vehicle and Physical Damage Details
  • Names of Drivers
  • Name of Owner, Address, Phone Number and Date of Birth
  • Car Insurance Name and Policy Number

Most police reports are pretty simple to retrieve. You can request one for a nominal fee at the county police department where the accident was located. According to DMV.org, a person could be liable if they allow "an unlicensed driver to take their vehicle on the road." The report does not claim who is at fault. However, the person at fault will be given a ticket at the accident on most occasions. An accident lawyer who is experienced can help fight your case. On the other hand, you are free to handle the case on your own.

It is important to have your own insurance with the proper liability, just in case of an accident. That way you would be covered, regardless if the other party has insurance or not. It is recommended to contact your insurance company about the accident.

What you've heard about unlicensed driver's automatically being declared at fault is untrue. As stated by Alabama driving code 32-6-1, a license is required and driving without the possession of a valid driver’s license will result in fines or penalties. Even though driving without possession of a drivers license is a punishable offense, it is classified as a separate and different offense from being involved or persecuted as the possible "at fault" causation in a traffic accident.

Answered May 23, 2017 by JDouglas

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