Can I Claim if the At-Fault Driver Has a Suspended License?
The good news is that, yes, you can file a claim against at-fault drivers with suspended licenses.
It’s because a suspended license doesn’t affect the claim process.
What is required is proof that the driver is at fault and has insurance coverage at the time of the accident.
As long your at-fault driver has insurance coverage, you can claim compensation for physical injuries and any damages incurred.
How to Determine Who Is at Fault
Your Glendale auto accident attorney can help prove that the other driver was at fault. They will find out the accident cause and gather sufficient evidence to prove who was at fault.
The resources they will use as evidence include:
- Photos of the accident scene
- Your medical records
- Witness statements
- Video recordings
- A police report which states who is at fault
- Expert testimony from a doctor or car mechanic
How to File a Claim Against the At-Fault Driver
The next thing your lawyer does after collecting the relevant evidence proceeds is fling an auto accident claim. The procedure involves:
- Presenting an appropriately drafted demand letter to the at-fault driver’s insurer
- Waiting for their response, where they may either deny things or present a counteroffer. And most of the time, insurance adjusters offer a much lower figure than your offer as a counteroffer.
- Sitting down and negotiating with the insurance company to decide on a reasonable offer
- It’s when they cannot reach a fair offer even after negotiations that your attorney opts to claim against the driver
The Total Compensation You Can Seek
You have the right to claim compensation for all the medical bills and damages incurred to the property you have paid.
While you can easily do this independently, having a lawyer by your side will ensure you receive much more in compensation. They have the expertise and knowledge to determine the full and fair cash value.
It includes recovery for all existing, past, and future accident-related losses like:
- Emotional and physical pain and suffering after the injury
- Lost wages, including the paychecks, missed while recovering
- Medical costs, including medical devices, medication, and hospitalization
- Out-of-pocket expenses like in-home nursing costs
- Reducing earning capacity if you cannot return to your old job
- Any scarring, disfigurement, or physical appearance changes due to injuries
Work at Establishing Negligence
Your lawyer will also help ensure you receive your compensation by establishing their negligence through:
- Breach of duty because the driver did something wrong like overtaking from the left side
- Duty of care because the driver could have overtaken you from the right and thus prevented harm and injury
- Causation because the other driver’s mistake led to the car wreck
- Damages- By proving you had suffered damages like sprains, brain injury, and car damage as a consequence of the accident
Do Not Waste Time in Filing a Claim
Each state has its statute of limitations to take legal action for the auto accident. And in the case of California, it’s two years. This means you have to file your claim against the at-fault driver within two years of the accident.
An ordinary person may not know or remember this.
However, your auto accident lawyer in Glendale will keep track of this deadline and any other state requirements and deadlines. Knowing this can be a huge relief because you know someone else is taking care of all this while you recover.