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Auto Insurance Claims/Accident: Insured but expired driver license

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Expert: - 5/30/2010


Question
QUESTION: What is the best scenario in the situation whereby I am insured, but my driver license have expired.

It was a somewhat serious accident, with his front bumper severely damaged. It still drives, albeit with some leakage in the front.  It is a toyota SUV RAV4.

If I am at fault for the accident, what is the best scenario in this case?  I do not care about the damage to my car, but I need the other party's car to be fixed in the most cost efficient and trouble free way possible.

ANSWER: Hello,

How long was it expired? What state? Were you ticketed for an expired driver's license?

---------- FOLLOW-UP ----------

QUESTION: It has been expired for about 7 months. It is California. I have never been ticketed for expiry, and there was no police at the scene, so i did not get any tickets


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I have been driving for a few years, and this is my first accident. I have just been so swamped with work that i forgot to renew my license.

I wonder whether the insurance company will inform DMV that I was in an accident. In that case, I wonder if:

1) DMV will put a black mark on my driving record
2) Whether they will inform the insurance company that my license has been expired
3) What are the rest of the possible legal and DMV related consequences?

Answer
Hello,

First, your insurance company has to cover any liability caused from the accident.

As far as the expired license, just go get it renewed tomorrow. Hopefully it has not lapsed so far that you need to take tests, but even so get it handled now, no matter how busy you are!!!

I do not know what the DMV will do, and I would not worry about it once your license is renewed.

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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