I have not had a license or insurance for many years. I was suspended in my late teens, and to stay out of trouble just don't drive while paying off the fines I racked up.

I do own a car that my girlfriend likes to drive, a 99 Cadillac STS, and often drive it around the block to shuffle vehicles in the driveway (it was blocking the car she owns). I know I shouldn't even operate the vehicle on the road, so that's my first mistake.

Anyhow, I was hit by a woman driving a Land Rover, she was clearly at fault, admitted it, and the officer on the scene concurred. The officer did give me a citation for operating the vehicle without a license (DWLS 3rd Degree,) but allowed me to have the vehicle towed back to my house since it was right up the street, and did not impound.

My question is obvious...is this something I should just let go since I should not have been driving...should I try to get the damages for the car...or might her insurance company have a case against me? There were no injuries.

The damage to my vehicle is significant, and I will be able to finally pay the remainder of my fines this year, and would like to have a vehicle.

I am located in WA any help or links to specific laws or RCW would be greatly appreciated.

ScottGem

You have the police report as well as the admission of the driver. File a claim with her insurance company. Its possible they may deny it and the other driver may change her story. But you really have nothing to lose. You will have to pay a fine for your infraction and may have your suspension lengthened. But that would happen whether you file a claim or not.

ballengerb1

If the police issued her a ticket for somethinh like "driving to fast to avoid and accident" you will be in great shape. File the claim with her insurance immediately. Where you injured at all?? Might mention this to her insurance too.

Fr_Chuck

Yes, you not having insurance or a license has nothing to do with who is at fault witht he accident and your right to get paid by the other driver.

so if the other driver has insurnce, merely file a claim with them for your damages.

On your ticket, just pay it and get on, you did not say if they wrote you a ticket for no insurance, if so that is the most expensive of the tickets but since they let you tow your car home I will assume they did not write that ticket since they are suppose to impound your car for no insurnace.

But you have every right to get paid from the other perosns insurnace if it was there fault

Daimo

That's great advice everyone! Thank you. You're right FR_Chuck, there was no ticket for not having insurance issued. This helps a lot, I called her insurance company today, and have a courdate set up in a couple weeks to take care of the DWLS citation.

There was no injury, and I wouldn't want to muddy the waters anyhow with minor scrapes. There was a great witness too, and we were sure to get her name and number so it should be a straight forward deal. If there are any problems I'll definately let you all know.

s_cianci

She and her insurance are still liable for the damage to your car. The fact that you are unlicensed and the car was uninsured is irrelevant. You'll have to pay a fine for driving unlicensed as per the citation you received at the accident scene but that is totally unrelated to damages for which you are entitled for the damage to your car.

gomez07

Daimo, I was wondering if the womans insurance company is agreeing to pay for your damages?? I am having almost the same problem, the lady was 100% at fault since we were completely stopped but we didn't have insurance, although I didnt realize it until after the car accident and the cop didn't realize it either and I did get my policy up and running again right after the accident.

ScottGem

See my other answer. Again, your insurance coverage doesn't matter. If you read Daimo's answers, they say the same thing.

Daimo

So far I have called her insurance company and filed a claim. I made a recorded statement, and the agent just said there wasn't a "liability decision" made. Their driver is at fault, and admitted it at the scene. There is also a witness, and of course her agent is claiming that he can't get in touch with the witness.

I think that because I have no representation, they are just trying to put a seed of doubt in my mind, so that I will jump any settlement. I understand it is his job to pay me as little as possible for damages, so I will be patient.

gomez07

Did they tell you anything like, 'We wont pay for your damages because you had no right to drive without insurance or a license'? I've heard that from some people but I'm hoping you could help since you're dealing with it now. Thanks!