Yes, You can still sue for the property damage even if there were no injuries.
Let's see if I can follow this. Insurance company A is at fault because of actions caused by driver A. Driver B who is not at fault is injured, but is unlicensed, and Auto B has been totalled. Insurance company A is going to have to pay damages to Driver B for property damage as well as for injuries because Driver A is deemed at fault. The fact that Driver B is unlicensed is a non-moving violation and Driver B will have to pay a substantial fines for these issues.
An unlicensed driver will probably get cited for not having a license and may even get their car impounded, but is not automatically at fault. The person that the police and insurance company determine caused the accident would be at fault.
Yes, (subject to policy exclusions and your state law regarding uninsured unlicensed drivers), the person that is negligent, at fault is the one responsible for the damages to the 'innocent' party. Regardless of their licensing/insurance in most cases.
They both are. The logic being that the unlicensed driver shouldn't have been there in the first place, and would not have been involved in the accident if they'd been in compliance with the law.
The driver that hit you. Not knowing all the circumstances, the unlicensed driver would be at fault in the driving aspect, and in the fact that he/she should not have been on the road at all. Just a personal opinion
In New Jersey it is the driver who rear ended him who is at fault. However, that does not mean that the illegal unlicensed driver will not face deportation.
You get to, accident would not have happened if you werent on the road!
Yes
Both can be charged. Driver one: running a red light and colliding. Driver two: operating without a drivers license. (personal opinion: Driver one's insurance company is going to have to pay.)
No. Just the fact of being unlicensed does not mean that the driver did something that caused the accident. Being unlicensed is what is called a non-moving violation. Another violation of this type may be not having a current registration tag on the vehicle. Just because you don't have a tag on your car doesn't automatically make you at fault for someone hitting your car. Fault for the accident will have to be determined by the police officers after they investigate the scene and take statements from witnesses. The person who is driving without a drivers license will get a ticket for not being licensed and then whoever was at fault will receive a violation for whatever they did to cause the accident.
Yes. It is the responsibility of the at-fault party to pay for the damage caused in an accident, regardless of the license or insurance status of the not at-fault party.
your policy, considering you are insured and licensed, will cover the incident, as long as YOU aren't at fault! Otherwise an at fault claim would appear on your record if ANY fault is determined on your part - regardless of the licensing status of the other driver.