Hurt in a car or truck crash?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
What usually decides the claim
An injury claim turns on how the crash happened: speed, lanes, signals, following distance and what each driver did. California drivers must not follow more closely than is reasonable for the speed and conditions (Vehicle Code 21703), and a driver turning left must yield to oncoming traffic close enough to be a hazard (Vehicle Code 21801). Rules like these, and the evidence, point to who caused the crash.
Expect the other driver’s insurer to bring up your license anyway. That is one reason to let a lawyer handle the conversation. California uses pure comparative fault, so if you are found partly at fault, your damages are reduced by your share but the claim is not barred (Li v. Yellow Cab Co.). See recovering when you were partly at fault.
Insurance matters more than the license
Under Proposition 213, a person cannot recover pain and suffering in a car crash case if they owned an uninsured vehicle involved in the crash, or were driving and cannot show the required insurance (Civil Code 3333.4). Economic damages, such as medical bills and lost wages, remain recoverable. The rule is written in terms of insurance and DUI convictions.
So the first question is whether the car you were driving had insurance. If it belonged to a friend or relative who had a policy, bring any insurance card or paperwork you can find. If there was no insurance, read hit by another driver when you have no insurance, which explains what you can still recover.
Free accident case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
Stay at the scene
In California, a driver involved in a crash that causes injury or death must stop, give their name, address, license and registration information, and render reasonable assistance. Leaving the scene of an injury crash is a crime (Vehicle Code 20001). Not having a license is not a reason to leave. Give the information you have and wait for help.
A crash causing injury, death or more than $1,000 in property damage must also be reported to the DMV on form SR-1 within 10 days, whoever was at fault (Vehicle Code 16000). If you are worried about what to say to police or insurers, keep it to the facts and talk to a lawyer early. See what not to tell the insurance company.
Talking to a lawyer
Many people without a license avoid calling a lawyer because they fear the questions. You can call and ask questions before you decide anything. A lawyer can tell you which rules apply to your situation, how the license issue may come up, and what your claim may include. Our page on whether you need a lawyer for a car accident covers the basics.
Be honest with your lawyer about the license and the insurance. Surprises later are harder to handle than facts shared at the start. The lawyer’s job is to work with the real facts and protect what you can recover. Bring any papers you have, such as the police report, photos and insurance cards, to the first call or meeting.
What to do now
See a doctor and keep every record. Take photos of the cars and the scene, and write down witness names and phone numbers. Get the other driver’s insurance information and the claim number. Do not sign a release or give a recorded statement to the other driver’s insurer before you talk to a lawyer. Keep receipts for medical care, transportation and missed work.
Deadline: in California a personal injury lawsuit generally must be filed within two years of the injury. If a city or county vehicle was involved, a written claim is generally due within six months. Call (310) 552-6959 or use the form. We speak Spanish, and you can ask your questions before deciding anything.
Common questions
Can I sue if I was hit and I do not have a driver’s license?
You can usually still bring a claim against the driver who caused the crash. What decides it is usually fault and insurance. Whether the missing license affects your case depends on the facts. A lawyer can review what happened and tell you what your claim may include.
Will the insurance company deny my claim because I have no license?
The insurer may raise the license and try to use it to lower the claim. That does not settle who caused the crash; the evidence does. Let a lawyer deal with the insurer, and do not give a recorded statement before getting advice.
Does Proposition 213 apply if I had insurance but no license?
Proposition 213 bars pain and suffering damages for owners of an uninsured vehicle involved in the crash and for drivers who cannot show the required insurance, and for drivers convicted of DUI for the crash. It is written in terms of insurance, so a lawyer should check how it applies to your facts.
Should I leave the scene if I do not have a license?
No. A California driver in an injury crash must stop, give their information and help. Leaving the scene of an injury crash is a crime, and it can hurt your own claim. Stay, give the information you have, and get medical care. Talk to a lawyer afterward.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Hit by a semi truck: what to do · Hit by another driver when you have no car insurance · Car accident compensation in California · Uber accident: who pays · All car and truck accident questions
Sources
- Cal. Veh. Code § 21703
- Cal. Veh. Code § 21801(a)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- Cal. Civ. Code § 3333.4(a)(1)-(3), (b), (c); Hodges v. Superior Court (1999) 21 Cal.4th 109 (upholding statute)
- Cal. Veh. Code §§ 20001(a)-(b), 20003(a)-(b)
- Cal. Veh. Code § 16000(a); DMV form SR 1 (Rev. 6/2025)
- Cal. Code Civ. Proc. § 335.1
- Cal. Gov. Code § 911.2(a); see also §§ 911.4, 945.4
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.