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Car Accident

Discussion in 'Auto Accidents, Injuries' started by 777heaven, Aug 27, 2013.

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  1. 777heaven

    777heaven Law Topic Starter New Member

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    My fiancdrove my car to town yesterday, he had no licience and I have no insurance because they found out I didn't have a licience and cancelled the insurance I paid for. He crashed the car into the guard railing. He was sent to the hospital and the cops left the scene, he was treated and discharged from the hospital. He is on probation but the police didn't mention anything and I have not gotten any phone call. My car is impounded and I'm not sure what it is I should do
    No other cars involved, No one was hurt and yes consent was given to him to take the car, he was on his way to the emergency room, no excuse for the choices but it was in fact an emergency. The police left the scene and gave no information to him or me. No ticket, court date, or suspicion of DUI, I had to call all the car impound places in my city before I knew where it was... I am the primary owner of the car but his name is also placed on registration paper from DMV.. Does that mean (by his name being on registration) that he is second owner of car or can legally drive it? The car had only been driven once before the accident . We bought the car because of the good deal at the time and I needed a car to practice driving in with my permit, that was the main purpose of car..
    He doesn't have licience because of identity theft and Minnesota has a hold on him because of someone else, we are in the process off clearing it up....if he is on probation wouldn't the police have said something or taken more action - edit
     
  2. army judge

    army judge Super Moderator

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    It is impossible for us to explain what the police do, or don't do.

    He was an unlicensed driver.

    You both will likely be hearing from the authorities sooner or later.

    It's ILLEGAL to allow UNLICENSED people to operate YOUR motor vehicle(s).

    It's also ILLEGAL to operate, or allow to be operated, a motor vehicle you OWN without proper insurance coverage.

    Being on probation or parole, you're required to obey the law, and report all police contacts to your PO.

    When the authorities do contact either or both of you do the following:
    Be polite
    Remain calm
    Give only your name, date of birth, address; politely decline to speak about this or any other matter
    HINT: It is of no help to you to answer questions posed by the police.
    HINT: You have the RIGHT to remain silent, use it for your sake!
    Follow the instructions of the police
    Use your right to remain silent
    Ask for a lawyer
    Plead not guilty
    Meet with your court appointed attorney
    Follow the advice of your attorney
    Continue to obey all laws
    Keep a low profile
    Be patient
    Keep your mouth closed
    Wait for this thing to play itself out
     
  3. mightymoose

    mightymoose Moderator

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    Single vehicle accident. I doubt you will be hearing from anyone at all.
    The vehicle is not likely "impounded" for police proposes but simply stored at a tow yard until the owner claims it.
    The longer the car suits there the more it will cost you. If the car can be driven then go there with a licensed driver and your registration info, pay the fees, and take the car. Otherwise arrange to have the vehicle towed to another location where it won't cost you anything.
    Call the tow yard to discuss your options. Just know that it is costing you a lot of money to leave the car where it is.
     
  4. disagreeable

    disagreeable Well-Known Member

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  5. CdwJava

    CdwJava Moderator

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    Have you received any of the paperwork from the impounding agency? What code section(s) do they cite as the reason for the tow? Was you fiance cited for driving on a suspended license?

    More than likely it was towed because it was obstructing some part of the roadway and since the driver was being transported to the hospital they simply had it towed for safekeeping (likely under VC 22651(a), (b), or (g)). If they issued him a cite or arrested him for driving on a suspended license and the impound was for VC 22651(p)/VC 14602.6 then it's a 30 day impound.

    But, if the car was damaged badly, the police may decide that a 30 day impound is not necessary because it's not going to be moving much soon, anyway.

    There's a problem ... you could be charged with a misdemeanor for allowing a driver that you KNEW to be unlicense to operate your vehicle. And then there is the problem of being uninsured.

    If the registered owner(s) address is current with the state DMV, then a notice should have gone out in the mail to the last address indicated on the registration with the DMV. If that's an address other than where you and he live now, then you likely will not get that notice. But, since you found it already, anyway, that's moot.

    It means that he can legally operate the vehicle and it might mitigate some of your potential liability for allowing him to drive it. But, as he had no license, he can't legally drive it.

    What is he on probation for?

    No matter what he is on probation for, the police do not HAVE to do anything in particular. But, as previously mentioned, evry day the car is in impound is costing the two of you more money. You might want to call the tow yard or the agency and ask how to retrieve it. You might have to pay a vehicle release fee to the law enforcement agency in addition to any fees owed to the tow company. And! You will likely need to bring a couple of licensed drivers to retrieve it (one to drive the licensed driver to the staion and/or tow yard, and the other to drive the car FROM the yard).
     

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