Getting into an accident always has the potential to disrupt your life, but some crashes are more straightforward than others. If someone has a car accident with no license, though, it can complicate the situation and leave you unsure of what to do next. Understanding what happens in this unusual circumstance can help you get the coverage you need after a crash.
What Happens if Someone Has a Car Accident Without a License?
If someone gets into a car accident without a license, they will likely face several harsh consequences, including fines and traffic citations. Driving without a license is a crime, so the unlicensed driver could also face charges, which may result in a criminal misdemeanor or even a felony if someone else becomes injured in a crash.
There may also be strict insurance implications for an unlicensed driver. While the vehicle itself may have auto insurance coverage, with a licensed driver listed as the primary driver, the insurance company might consider the unlicensed person to be an excluded driver. This means that insurance may not cover the accident, making it difficult for an injured party to get a fair settlement.
If the person without a license was not at fault for the accident, they can still file a claim against the other driver’s insurance for compensation. Keep in mind that driving without a license is still a crime, even if the unlicensed driver did not cause the accident, which means that fines and other criminal consequences may still apply.
What Should You Do After an Accident With an Unlicensed Driver?
As with any vehicle accident, your top priority is to call the police and seek medical attention immediately. Document the scene with photos or videos, then exchange information with any witnesses who saw the accident. When it is safe to do so, take the time to consult with a car accident attorney and report the accident to your auto insurance provider.
It is especially important to get a
police report after an accident with an unlicensed driver. The police report will clearly show that the other driver was operating a vehicle without a license. This can be powerful evidence to demonstrate the other person’s fault.
Can You Sue Another Driver if They Do Not Have a License?
You typically cannot sue someone just for not having a license. While the law certainly requires every driver to have a valid license, filing a civil claim requires that the other person caused damage that you can recover. You can pursue compensation for injuries or, if it is an
accident without injury, you can sue for property damage or emotional distress.
If you do have recoverable damages, though, the other driver’s lack of a license can be a crucial factor. When you file a car accident claim, the burden is on you to prove that the other person’s negligence caused your damages. Pointing to a person’s decision to drive without a license can support your claim that they were capable of reckless behavior.
When Is It Worthwhile To Sue After a Car Accident?
Even if you do have a valid reason for suing an unlicensed driver, it is important to consider whether or not the legal action is worthwhile. In most car accident claims, the injured person seeks compensation from the at-fault driver’s insurance company. If the at-fault driver does not have insurance, it may be difficult to recover damages from them even if the evidence is overwhelmingly on your side.
If a driver does not have a license, they might not have insurance either, which might mean it is not worth it to sue them. However, it is possible to purchase
auto insurance without a license. Before deciding whether or not to sue an unlicensed driver, confirm if they have auto insurance coverage.
It can still be worth
suing an uninsured driver if they have enough personal assets to cover your claim. Your personal injury attorney can assess the uninsured driver’s assets to determine if they have the finances to justify costly legal action.
Are There Other Ways To Recover Damages After an Accident?
When you have an accident with an unlicensed and uninsured driver, it can feel like you have no options for recovering the damages caused to you. In actuality, your own insurance coverage might make it possible to recover after a car accident with someone who does not have a license.
If you carry uninsured or underinsured motorist coverage on your policy, you can file a claim with your own insurance provider. Your insurance company will cover the damages you suffered, so that you have financial protection even in an accident with an unlicensed or uninsured driver.
It is not mandatory to carry uninsured motorist coverage in most states. However, insurance companies in states such as Arizona, Colorado, New Mexico and California must offer uninsured or underinsured motorist coverage to all potential policyholders. As long as you do not choose to waive this coverage, you will have this option available to you.
How Can a Lawyer Help When a Driver Has No License?
Even if the other driver has no license, don’t assume you’re stuck paying out of pocket. Working closely with a car accident attorney ensures you have the guidance and
resources you need, no matter how complex your case may be. After an accident with an unlicensed driver, your lawyer will handle the important task of assessing your options for compensation.
An experienced legal team can analyze complex insurance polices to determine if coverage applies. They can also evaluate the other driver’s financial assets to determine if suing is a better option.
In a
car accident settlement, your lawyer can handle the filing process and complete all necessary paperwork for you. They will represent you in negotiations and use all evidence at their disposal to secure the best possible settlement. Having a lawyer can maximize the amount of compensation you receive, especially when one driver’s lack of a license makes the situation more confusing and uncertain.
Contact a Car Accident Attorney at Sargon Law Group
When someone has a car accident with no license, the stress of such a frustrating situation can make it difficult to focus on rest and recovery. At Sargon Law Group,
our car accident attorneys are here to support you at every step and help you explore your legal options.
We proudly handle all types of car accident cases throughout Arizona, Colorado, New Mexico and California. Contact us today for a free consultation and case evaluation.
Resources:
https://www.progressive.com/answers/car-insurance-without-license/
