Question for the LEOs

[crash8005]

So on Monday evening as I was driving home from work (32 mile 1 hour, one way trip) I was in an accident and hit by a motorist with a suspended license. The accident was his fault. He was driving his girlfriend's car and the vehicle was fully insured. I got all of the insurance, license plate and his DL information and he bolted out of there before PD showed up. There were no injuries and the accident is classified as minor.

Are there no legal repercussions for this guy driving w/o a license? Is there anything that can be done to lock him up?

[CWendling]

Short answer...not really. If im reading what you meant, he provided all the info necessary and left so no offense there. If PD had arrived and investigated the crash, they could write him for driving with suspended DL and probably would have. But assuming there was no investigation by PD or actual CRB (crash report), or even if PD did and he wasnt there, its highly doubtful PD would write and mail citation to him for same.

[k-i-d-d]

I'm in Georgia, however most states are similar in traffic laws. If his license are "suspended" then yes he should at least be issued a citation ( in many states driving while license suspended is an arrestable offense ).
Even though he provided all his necessary information, it should not have been accepted and getting the vehicle's tag number is the best option, because you don't know if the information he's providing is accurate.

[crash8005]

Short answer...not really. If im reading what you meant, he provided all the info necessary and left so no offense there. If PD had arrived and investigated the crash, they could write him for driving with suspended DL and probably would have. But assuming there was no investigation by PD or actual CRB (crash report), or even if PD did and he wasnt there, its highly doubtful PD would write and mail citation to him for same.

Correct. He gave me all required info. Vehicle was insured and he admitted fault. He knew he didn't have a DL so he didn't want to stay for PD. I only called PD because in the beginning I thought he was uninsured and wanted documentation from PD.

Just really sucks because when they ran his ID# (which he allowed me to photo) it showed that he had a suspended license and that it had been suspended multiple times in the pas. Maybe I'm naive because I've never been in trouble with the law but it seem like total BS that this guy can continue to drive a vehicle, cause accidents and the only risk he runs is getting a ticket for driving with a suspended license. Meanwhile the honest public that are insured by the same company that his girlfriend has get to foot the bill for his sorry a** by dealing with higher premiums.

I just don't get it.

[thegrouse]

Correct. He gave me all required info. Vehicle was insured and he admitted fault. He knew he didn't have a DL so he didn't want to stay for PD. I only called PD because in the beginning I thought he was uninsured and wanted documentation from PD.

Just really sucks because when they ran his ID# (which he allowed me to photo) it showed that he had a suspended license and that it had been suspended multiple times in the pas. Maybe I'm naive because I've never been in trouble with the law but it seem like total BS that this guy can continue to drive a vehicle, cause accidents and the only risk he runs is getting a ticket for driving with a suspended license. Meanwhile the honest public that are insured by the same company that his girlfriend has get to foot the bill for his sorry a** by dealing with higher premiums.

I just don't get it.

It sucks for sure. It happens all day every day and usually dwli is just a ticket unless certain conditions are met. Most folks I dealt with didn't have valid licenses. I hope you can get some justice from her insurance company

[rossn2]

Don't be surprised if the girlfriend's insurance doesn't pay for the accident as he was not licensed to drive and most insurance clauses state licensed drivers...

[TallTexan]

He may have admitted fault, but she could tell her insurance that he didn't have permission to drive. That removes them from paying you. Then you have to file on your insurance.

[Olphart]

Since when did a DWLS charge not result in arrest instead of a citation? I haven't looked at the statute, but it "used to be" more than a Class C offense. Now, if it is merely a "no DL" charge, then the ticket may be appropriate.

Regardless, with the information you got (assuming it is correct), it should be enough for the LE agency to pursue a warrant along with your statement and ability to identify him. Your insurance will likely have to pickup the tab on the damages (hopefully, you've got uninsured motorist coverage) and bozo's girlfriend will likely have her insurance cancelled.

[crash8005]

Don't be surprised if the girlfriend's insurance doesn't pay for the accident as he was not licensed to drive and most insurance clauses state licensed drivers...

Even more reason to lock the POS up. I sure hope her insurance company doesn't go that route.

[k-i-d-d]

get me some proof he drove in Georgia while suspended and I'll come get him !! lol

sorry this happened to you, hopefully her insurance will pay the claim and all goes well.

[CWendling]

Since when did a DWLS charge not result in arrest instead of a citation? I haven't looked at the statute, but it "used to be" more than a Class C offense. Now, if it is merely a "no DL" charge, then the ticket may be appropriate.

Regardless, with the information you got (assuming it is correct), it should be enough for the LE agency to pursue a warrant along with your statement and ability to identify him. Your insurance will likely have to pickup the tab on the damages (hopefully, you've got uninsured motorist coverage) and bozo's girlfriend will likely have her insurance cancelled.

TPC 521.457, generally it is a M/C. Probably because of how many there are out there. Under certain conditions its a m/b. Like someone else said, I bet 1/3 or more of the people I stop either dont have one or it's suspended. Courts dont want to be tied up on M/B traffic and neither do the jails. Can you arrest on a m/c, sure, but unless theres another reason to its a ticket.

[DFWPI]

Contact DPS office, or look on-line, and complete a blue-form. At least that is what color these use to be, but its you making the report. Also, I believe there is a form you can complete and mail in on the guy, and maybe it will get entered against him (again).

I know in Tarrant County, when I worked at PD, it was "recommended" that for DWLS, the local PD issued a traffic ticket instead of filing a county charge. Courts were to bogged down for DWLS.

[crash8005]

Just got off the phone with her insurance co and they are going to cover it. They said that the insured made them aware of the accident and admitted fault so they are going to cover it 100% as well as cover a rental vehicle while it's getting repaired.

Some of the comments above had me worried that insurance wasn't going to cover it. I would really be HOT if the accident wasn't my fault and my premiums went up because of an uninsured motorist claim. And yes, I do have UM coverage.

[CWendling]

I would say do NOT do a blue form unless you want the crash to appear on you driving record

[WCB]

glad they're covering it. Had a guy with insurance hit my wife's parked car on purpose and his insurance refused coverage. Mine had to cover and I had to pay deductible.
I did find him later and hit him with a fist. There's a thread about it somewhere...