Car Crash + Suspended License + Uninsured Vehicle = ?
My boyfriend recently got into a car crash (he's at fault). He has a suspended license (due to getting a speeding ticket while having his Learners). He still drives even though I tell him not to.. his parents even cancelled his insurance but he chose to take the risk of driving still. But he's being punished now because he got into a car crash (minimal car damage (some scratches) but the other driver seems to be having neck/back pain). He rear ended them, going around 20KM/hr. He exchanged information with the other driver and said he was willing to pay all of the damage (which really is none to their car) and medical expenses (which, at the time, they looked in shock but nothing that needed immediate attention). About an hour after, he received a phone call from them saying that his license plate number doesn't exist when their insurance company tries to search for it and that's when he had to explain that his car was uninsured- they still do have his Learners driver's license number, too. At this time, they told us that the driver was starting to experience neck/back pain. The driver, himself, said he got into a car accident before and was quite understanding, however.
What is the worst case scenario that can happen to my boyfriend? He's really worried and I don't know what I can do or tell him to make him feel a little bit at ease. I'm aware that their insurance company can't necessarily do anything because his car isn't insured. I've read that they can sue. My question is: How much money are we looking at? Or what other legal actions can they take? What can be done so that we aren't financially hit as hard?
This took place in Canada.
Any help is greatly appreciated. Thank you all.
Added note: If they're willing to accept a private dealing (without insurance companies being involved), would that easily lessen the financial/criminal(?) impact? I believe they may be willing to accept cash reimbursement.
- GambitLv 77 years agoFavorite Answer
"What is the worst case scenario that can happen to my boyfriend? He's really worried and I don't know what I can do or tell him to make him feel a little bit at ease."
If I answer your question then I would not be arming you with any knowledge to helping you to put him at ease. In fact the information would do the exact opposite.
"I'm aware that their insurance company can't necessarily do anything because his car isn't insured."
That's not true. Depending on which province you're in the other party's insurer could cover their insured's damages and then go after your boyfriend for the amount they paid out.
"How much money are we looking at?"
We have no idea as we do not know the extent of the other party's damages and injuries.
"Or what other legal actions can they take?"
I suppose they could always contact the police and inform them of the numerous laws your boyfriend was breaking that day. Then the Crown gets involved.
"What can be done so that we aren't financially hit as hard?"
Hire a lawyer.
- Obi Wan KnievelLv 77 years ago
You're in love with a total loser, just so you know.
Those people might accept a cash settlement, but probably not. The guy who hit them was driving under suspension, with a learner's permit instead of a full licence, without any insurance on the vehicle. Do you really think they're going to take his word that he's willing to pay cash for their repairs and medical costs? Not likely, not unless he shows them a butt-load of cash within 24 hours.
They're going to claim this through their policy, through uninsured motorist coverage, and then their insurer is going to come after the owner of your boyfriend's vehicle for what they paid out. That's a legal proceeding called subrogation, and it will be done through the courts. The fact that the vehicle was uninsured means the owner can be held personally responsible.
If the police get involved, and they probably will, there's enough evidence for them to charge your boyfriend with driving under suspension, driving with no insurance, following too close, and maybe a couple of other things. If the vehicle was not in his name and he didn't have permission to drive it, they'll also charge him with theft. The other stuff is all traffic laws, but theft is a Criminal Code thing.
Your boyfriend is going to need a very professional defence lawyer. There's no way that guy is smart enough to deal with this stuff alone, no way in hell.
Please tell me you're not having unprotected sex with this guy. The idea of him reproducing is just too scary.
- SpewyLv 67 years ago
Oh this is not going to end well for your BF, he gambled and lost. When he gets out of jail, get him a bicycle.