What happens when a driver is not insured, not licensed and is not at fault?

smb3

Senior Member
Joined
Mar 28, 2006
Messages
860
So this happened to my friend:

* Uninsured
* Unlicensed
* Made a car accident (ouch + looool)

So they were in a huge accident involving 3 cars. Two cars insured, friend's isn't. This persons car was a writeoff as a result, been dealt with.

Spoke to bystanders (cause all three drivers are innocent based on their stories) and oncoming car was speeding and bumped into friend. Both robots green, friend felt it was safe to turn and halfway across the road, oncoming car knocks into friend's car and another car. Speed limit of the road is 60km/h and I don't think you can knock 2 cars with one being a writeoff at 60km/h. Don't really care who's fault it is, not my problem.

scolded friend for driving unlicensed and uninsured cause this is a stupid thing to be doing. Like why will you risk this everyday, annnyway.

So the question now is, what's the process for when a person is not insured and unlicensed? Reason I ask, is that the person is probably this way (aside from being irresponsible) because they're unable to pay insurance, so what do insurance companies do? Do they just claim the excess or full damages from such a person? They probably work out a payment plan?

From the bystanders, the car to blame is the oncoming car, but then again being unlicensed counts against you (don't know if it's criminal yet). I guess it's down to how well you argue against the insurer in small claims court?

But yeah, I'll be finding all these things out.
 
Last edited:

LazyLion

King of de Jungle
Joined
Mar 17, 2005
Messages
102,035
OK, there's a lot of problems with this story... we're trying to sort out what you are saying here...

1) In the first paragraph you say "this person's car was a writeoff..." - which person are you talking about?

2) In the second paragraph you say "someone was speeding...." who? was that one of the other parties involved in the accident?

3) Then you say "both robots green...." how can they both be green? Only one set of robots can be green at any given time, the other side would be red. Are you saying the robots were faulty?

4) Then you say you don't really care whose fault it is.... but we need to know who's fault it was to help you with this story.

5) Why does being not able to afford insurance mean that you MUST also not have a license? That doesn't follow. Getting a license is not that expensive.

Driving without a license can push the presumption of guilt onto you, as it will automatically be assumed that you didn't know what you were doing. People will assume that you don't know how to drive. So in the absence of any other incontrovertible evidence, the guilt will move onto you. If there is a court case, they will have to show without a doubt that the other oncoming driver was speeding and disobeyed other rules of the road. If the light was green for him, it doesn't actually matter that he was speeding, because he had the right of way.

Your friend may face a very expensive private suit for damages here.... and also criminal charges for driving without a licence.
 

smb3

Senior Member
Joined
Mar 28, 2006
Messages
860
OK, there's a lot of problems with this story... we're trying to sort out what you are saying here...

1) In the first paragraph you say "this person's car was a writeoff..." - which person are you talking about?

2) In the second paragraph you say "someone was speeding...." who? was that one of the other parties involved in the accident?

3) Then you say "both robots green...." how can they both be green? Only one set of robots can be green at any given time, the other side would be red. Are you saying the robots were faulty?

4) Then you say you don't really care whose fault it is.... but we need to know who's fault it was to help you with this story.

5) Why does being not able to afford insurance mean that you MUST also not have a license? That doesn't follow. Getting a license is not that expensive.

Driving without a license can push the presumption of guilt onto you, as it will automatically be assumed that you didn't know what you were doing. People will assume that you don't know how to drive. So in the absence of any other incontrovertible evidence, the guilt will move onto you. If there is a court case, they will have to show without a doubt that the other oncoming driver was speeding and disobeyed other rules of the road. If the light was green for him, it doesn't actually matter that he was speeding, because he had the right of way.

Your friend may face a very expensive private suit for damages here.... and also criminal charges for driving without a licence.
Made edits.

5) Why does being not able to afford insurance mean that you MUST also not have a license? That doesn't follow. Getting a license is not that expensive.
More the inability to afford insurance. The inability to get a license is just being irresponsible (unless they failed many times)
 

Sepeng

Expert Member
Joined
Dec 12, 2011
Messages
1,421
OK, there's a lot of problems with this story... we're trying to sort out what you are saying here...
I read it as, the friend was turning right across oncoming traffic, a car coming in the opposite direction was going too fast, collision, another car involved as collateral damage, friend's car written off. But OP can confirm.

In most accidents there's always blame to go around - in this instance I might say 70-30 your friend's fault depending on how fast that other car was going. Yeah that car could've been speeding but the friend should still judge whether they could make it across safely. At the same time, the speeding car shouldn't have been speeding and should've slowed down before the intersection.

What will happen going forward? They'll be dealing with the lawyers from other insurance companies I'd imagine.
 

Steamy Tom

Expert Member
Joined
Jan 23, 2019
Messages
2,631
imo it was more your friends fault because the other guy would have had right of way, very hard to say he was speeding without any form of evidence.

your friend imo is screwed, the other party will need to claim from his insurance and they will probably start legal action against your friend to pay up.
 

biena

Executive Member
Joined
Dec 6, 2006
Messages
5,796
I don't think you can knock 2 cars with one being a writeoff at 60km/h.
You can write off a car with a scratch. Writeoff means it will cost more to repair than replace.

They'll be dealing with the lawyers from other insurance companies I'd imagine.
Friend doesn't have insurance (OP Affordability) so no lawyer on his side. Get ready to be nailed.
 

Nemus

Senior Member
Joined
Oct 12, 2012
Messages
974
So this happened to my friend:

* Uninsured
* Unlicensed
* Made a car accident (ouch + looool)

So they were in a huge accident involving 3 cars. Two cars insured, friend's isn't. This persons car was a writeoff as a result, been dealt with.

Spoke to bystanders (cause all three drivers are innocent based on their stories) and oncoming car was speeding and bumped into friend. Both robots green, friend felt it was safe to turn and halfway across the road, oncoming car knocks into friend's car and another car. Speed limit of the road is 60km/h and I don't think you can knock 2 cars with one being a writeoff at 60km/h. Don't really care who's fault it is, not my problem.

scolded friend for driving unlicensed and uninsured cause this is a stupid thing to be doing. Like why will you risk this everyday, annnyway.

So the question now is, what's the process for when a person is not insured and unlicensed? Reason I ask, is that the person is probably this way (aside from being irresponsible) because they're unable to pay insurance, so what do insurance companies do? Do they just claim the excess or full damages from such a person? They probably work out a payment plan?

From the bystanders, the car to blame is the oncoming car, but then again being unlicensed counts against you (don't know if it's criminal yet). I guess it's down to how well you argue against the insurer in small claims court?

But yeah, I'll be finding all these things out.
Sounds like your friend's fault, both because of unlicensed and right of way to other person.
He/She/You are in for a tough time ahead. My insurance bills me double excess if someone has an accident in my vehicle who is under 25 and license for less than 2 years. Unlicensed, I doubt they would have much lenience.
 

supersunbird

Honorary Master
Joined
Oct 1, 2005
Messages
48,589
So this happened to my friend:

* Uninsured
* Unlicensed
* Made a car accident (ouch + looool)

So they were in a huge accident involving 3 cars. Two cars insured, friend's isn't. This persons car was a writeoff as a result, been dealt with.

Spoke to bystanders (cause all three drivers are innocent based on their stories) and oncoming car was speeding and bumped into friend. Both robots green, friend felt it was safe to turn and halfway across the road, oncoming car knocks into friend's car and another car. Speed limit of the road is 60km/h and I don't think you can knock 2 cars with one being a writeoff at 60km/h. Don't really care who's fault it is, not my problem.

scolded friend for driving unlicensed and uninsured cause this is a stupid thing to be doing. Like why will you risk this everyday, annnyway.

So the question now is, what's the process for when a person is not insured and unlicensed? Reason I ask, is that the person is probably this way (aside from being irresponsible) because they're unable to pay insurance, so what do insurance companies do? Do they just claim the excess or full damages from such a person? They probably work out a payment plan?

From the bystanders, the car to blame is the oncoming car, but then again being unlicensed counts against you (don't know if it's criminal yet). I guess it's down to how well you argue against the insurer in small claims court?

But yeah, I'll be finding all these things out.
I can only even remotely possibly be the oncoming cars fault if the was like twice over the relevant speed limits (so over 120 if a 60 zone), the car turning across oncoming traffic (if lights were green for both directions) would thus logically be at fault, you are supposed to look and properly observe, not depending on what you "feel". If you can't see you crawl forward and lean until you can see.

Anyway, the insurers will likely try to get what they can from your friend.
 

eg2505

Honorary Master
Joined
Mar 12, 2008
Messages
15,942
what car did your friend collide with?
was it a Rolls Royce? or a taxi?
 

3WA

Executive Member
Joined
Sep 25, 2012
Messages
6,309
I got hit by an uninsured driver once. We both claimed the other party was at fault. My insurance eventually got him to admit responsibility and then organised a payment plan for him to pay the full amount of damages. After he was done paying, my insurance reimbursed me for my excess payment.
 

R13...

Honorary Master
Joined
Aug 4, 2008
Messages
30,316
Sounds like his being unlicensed may have contributed to his inability to judge that he can cross the intersection before the oncoming car arrived. Or at least that's how it'll seem to a good lawyer.
 

Lupus

Honorary Master
Joined
Apr 25, 2006
Messages
16,161
Firstly even if they had insurance, without a license it means they aren't paying anyway. Secondly without a license the accident is your friends fault, unless they go to court and there are witnesses and and and. But without insurance or a license the cost of repairing all three cars is more than likely going to fall on your friend.
 

Craig

Honorary Master
Joined
Feb 22, 2016
Messages
13,940
Firstly even if they had insurance, without a license it means they aren't paying anyway. Secondly without a license the accident is your friends fault, unless they go to court and there are witnesses and and and. But without insurance or a license the cost of repairing all three cars is more than likely going to fall on your friend.
That will be very expensive. I don't understand why people still do stupid stuff like this, I don't even like driving without my wallet containing my licence. Bloody hell.
 

isie

Honorary Master
Joined
Jan 16, 2010
Messages
10,884
So this happened to my friend:

* Uninsured
* Unlicensed
* Made a car accident (ouch + looool)

So they were in a huge accident involving 3 cars. Two cars insured, friend's isn't. This persons car was a writeoff as a result, been dealt with.

Spoke to bystanders (cause all three drivers are innocent based on their stories) and oncoming car was speeding and bumped into friend. Both robots green, friend felt it was safe to turn and halfway across the road, oncoming car knocks into friend's car and another car. Speed limit of the road is 60km/h and I don't think you can knock 2 cars with one being a writeoff at 60km/h. Don't really care who's fault it is, not my problem.
Your friend turned in front of oncoming traffic he is at fault - he can't claim the guy was speeding - how would he know - clearly it wasn't safe enough if he hit him in the middle.


scolded friend for driving unlicensed and uninsured cause this is a stupid thing to be doing. Like why will you risk this everyday, annnyway.

So the question now is, what's the process for when a person is not insured and unlicensed? Reason I ask, is that the person is probably this way (aside from being irresponsible) because they're unable to pay insurance, so what do insurance companies do? Do they just claim the excess or full damages from such a person? They probably work out a payment plan?
Get vaseline his own car will not be paid and neither will they pay for whatever the other guys insurance will claim from him (if they do)
From the bystanders, the car to blame is the oncoming car, but then again being unlicensed counts against you (don't know if it's criminal yet). I guess it's down to how well you argue against the insurer in small claims court?

But yeah, I'll be finding all these things out.
As above he turned in front of oncoming traffic - speed is impossible to prove - licensed or not.
 
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