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No license not at fault, need car repair

by Lisa

Person1 is driving Person2's car. "P1" has no license. Person3 rear ends "P1".

"P3" has full coverage. Is "P3" still responsible for covering cost of damages on "P2"'s car? Will "P2"'s insurance go up for letting "P1" drive the car?


Is P3 responsible, most likely yes. P3 hit P1 from behind and this usually pins fault on P3. The question is would the fact that P1 did not have a license, would exclude coverage for P3 damages? P3 was still negligent for the damages.

The fact that P1 did not have an license is not a "proximate Cause" of the accident. Visit: to see more information on "fault" and proximate cause.

Would P2 insurance go up for letting P1 drive? Probably Yes. If P2's insurance company finds out (or when they find out), they will probably ding P2 for letting people drive her car. This information will be used by the insurance company when assessing "risk". They will argue that P2's policy will probably end up paying more out and getting into more accidents of because P2's propensity to loan the vehicle out to people with no license. Some insurance companies might not take this into account, but most will.

That is a pretty big chunk of road! Well, most of the time, this would be considered a "road hazard."

A road hazard is something every driver "assumes" when driving a car. If for example a vehicle spins their tires and sends debris and damages your windshield, they could be protected by the road hazard doctrine (if the spinning was not negligent and it was not intentional but it was an "everyday" type of thing.

In your case you have a huge piece coming out. You would have to prove that the state or city was negligent in some way. They had to have knowledge that this road or section was damaged and prone to do this, and they failed to do anything about it. This would be hard to prove, but you can certainly give them the chance to explain.

If they had no knowledge, or you cannot prove that they did, then it would be more difficult to argue.

Good Luck

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