a new driver in an accident, w/o insurance, car not registered to himself – PLEASE ADVISE!?

my cousin just had an auto accident yesterday. he just got his license a couple of months ago, and his dad got a car for him. although it’s his car, it was registered under my uncle’s name (including liability insurance – w/o covereage for uninsured motorist).

re: accident – he entered the freeway but there was a truck running along that lane too. although he already merged into the lane, he was still stuck from behind and was forced out of the freeway into a ditch.

he’s still in the hospital with 2 other companions with him. they already contacted a personal injury lawyer. car was already declared a total wreck.

MY QUESTIONS ARE: 1. what happenes to his license – suspended or revoked? 2. who’s at fault here – him or the truck driver? 3. what penalties, aside fr #1, will he have to face? thanks
this in the state of CA. thanks
he’s 20. liability insurance was for my uncle only.
no fraud – he just drove his dad’s car. (with permission). i think, even though he knew that his dad’s auto insurance does not include him in the policy.

also saw the damage to the car, the truck hit the left rear fender of the car.

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6 Comments

  1. zanilth1984
    Posted September 30, 2010 at 10:45 pm | Permalink

    The truck rear ended him, its the truck’s fault. Following too closely.

    Nothing should happen to the kid. As far as the vehicle, liability will only cover the other vehicle if you hit them…does nothing for yours. He might get a ticket for driving without insurance, but that would be it. Dunno if they would suspend his license or not though.

  2. Vanka
    Posted September 30, 2010 at 11:28 pm | Permalink

    Well CA Has one of the worlds Greatest fines. by the looks of it its the Truckers Fault. But if the trucker worked for some big company then ur cousin cant match the lawyer they will hire. They wont suspend his liscense but fine him pretty bad and hospital bills and points on his liscense. If its the truckers fault then the company will pay full for the damage and hospital bills. when u are hit from behind its never ur fault.

  3. turboed_sol
    Posted October 1, 2010 at 12:19 am | Permalink

    Assuming your cousin is under 18, as long as he has his dad’s permission and his dad’s insurance, he is fine. If his dad called the insurance company and added him to it. As far as being at fault, the trucker was. I hope your cousin gets better soon. I know how scary those things can be!

    –Sorry, had to edit I misread the accident part!

  4. simplysweetnsexi
    Posted October 1, 2010 at 12:41 am | Permalink

    Not sure about CA as they do have some of the most stupid laws there I ever heard about, but in Missouri if he was rear ended the other vehicle would be at fault that hit him. The person who hits from behind is always at fault as face it you should be looking in front of you. The only exception would be if a stop sign or something had been ran. Liability will cover the other vehicle only, nothing for your vehicle. Not sure IF CA law requires uninsured motorist. We are required to have liability here at the state minimum. If the accident was deemed the other person fault then your friend should not have anything on his record I don’t think, but an attorney needs to tell you that after seeing an accident report.

  5. trashy
    Posted October 1, 2010 at 12:53 am | Permalink

    the signs sya yield which means to merge with traffic not cut over into people. but in california the lawyers will turn it all around I am sure. besides if you were not there you dont really know the whole story and your asking questions cause your nosy. I am sure there is an investigation to determine the outcome not what you and the others here on yahoo come up with.

  6. Al M
    Posted October 1, 2010 at 1:19 am | Permalink

    You say his car
    but legally made it in uncle name
    why> to do fraud on insurance company

    One question the police will ask … cousin was driving car that was in the name of the uncle … was cousin driving it with the permission of the uncle, or was the car stolen by the cousin

    next question
    uncle had liability insurance … was cousin NAMED on that insurance policy as a person covered by the insurance?

    If not, then cousin was driving without insurance, and will get license revoked for that alone, have to pay big fine, not get license again for years

    Next topic
    sound like cousin pulled into path of truck without enough allowance for truck to not crash into him

    there will need to be police investigation to fiture out if in fact cousin made error in entering lane where truck had right of way, and doing so in a reckless manner

    this depends on witnesses statements, any camera evidence, skidmarks, etc. … if police determin that cousin did enter path of truck in a reckless manner, then there is also lose license for that, lots of fines, mandatory driver ed classes.

    The expenses are cousin and pals in the hospital
    damage to the car
    damage to the truck
    maybe more

    If the police determine that cousin did in fact drive recklessly by pulling in front of truck in unsafe manner, then all those expenses are on the cousin to pay.

    Uncle insurance only going to pay for trouble to the truck, because it is liabiility insurance only

    you have to have comprehensive and medical insurance along with the liability to pay for the hospital expenses, and damage to the uncle car

    In addition to this, there are people unable to go to their job, earn wage, because of the mdeical disruption

    The companions can use personal injury lawyer to sue the cousin for additional damages

    Probably uncle and cousin will have to sell everything he owns to cover the medical and other expenses of the 2 companions, and it will be a few years before either can afford good stuff again.