What Happens If an Unlicensed Driver Hits My Car?

When you’re driving to work or school, you typically assume that the other motorists sharing the highway with you have a valid driver’s license. However, that isn’t always the case. Some people have no qualms about getting behind the wheel regardless of whether they have a license. For the most part, it’s not your problem. Unfortunately, when that unlicensed driver crashes into your car, it becomes your problem.

If you’re in a car accident with someone who doesn’t have a license, you may worry about whether they have insurance. After all, you shouldn’t be the one left holding the bag if the unlicensed driver was at fault. They should have to pay for any damages you suffer.

In this article, we’ll explain how insurance claims work in an accident with an unlicensed driver. We will also discuss your legal options regarding your car accident claim.

Keep in mind that insurance and liability rules vary by state. If you’ve been in an accident involving an unlicensed driver, consider contacting a local car accident attorney for advice specific to your situation. They can review your case and explain how best to proceed.

Who Qualifies as an Unlicensed Driver?

When we refer to an “unlicensed driver,” we aren’t just talking about people who never had a driver’s license or teenagers with a learner’s permit. Some people drive on a revoked or suspended license.

At the scene of the accident, police will speak with both drivers to gather their accounts of what happened. They will also request copies of both parties’ driver’s licenses and insurance information.

If the other driver doesn’t have a valid driver’s license, the officer will likely issue them a traffic ticket. They may even arrest the unlicensed driver and file criminal charges against them. Depending on the specific charges, the other driver may face jail time and fines. It depends on the status of their license at the time of the collision and the particular facts of your accident case.

Any criminal charges the unlicensed driver faces are separate from civil liability for damages. Their criminal penalties don’t affect your right to seek compensation (although it can make things harder from a practical standpoint).

It’s important to understand that an unlicensed driver facing criminal penalties for driving without a license is a separate matter from whether insurance coverage exists for your accident. The driver’s lack of a license doesn’t automatically mean insurance won’t cover your damages, nor does it automatically make them liable for the crash. These are distinct legal issues that should be evaluated separately.

Does Insurance Cover Crashes with an Unlicensed Driver?

One of the most frustrating things about being in a car accident with an unlicensed driver is that there’s a good chance they don’t have car insurance. If they do (or the owner of the car does), whether the insurance will cover your damages depends on the specific policy terms, not necessarily their license status.

Some insurance policies will still provide coverage for accidents caused by unlicensed drivers, especially if:

• The unlicensed driver owns the vehicle and is the policyholder
• The unlicensed driver had permission to use an insured vehicle
• The policy doesn’t specifically exclude unlicensed drivers

However, some insurance policies exclude coverage for drivers without a valid driver’s license.

In some states, you must include at least one licensed driver on your insurance policy to purchase auto insurance. Even if your state allows unlicensed drivers to carry auto insurance, you may have a hard time finding an insurance provider willing to write you a policy. They fear that an unlicensed driver is more likely to be involved in a car accident.

If the other driver has insurance, it should cover the costs of your accident. Of course, it depends on the type of insurance coverage they have. For example, if they have liability insurance, it will likely cover your out-of-pocket losses, such as medical bills and lost wages.

If the other driver doesn’t have insurance, you might recover through your underinsured motorist coverage (UIM)/uninsured motorist coverage. Whether you have this type of insurance depends on where you live and your policy choices. Some states require uninsured/underinsured motorist coverage, while others make it optional.

At-Fault vs. No-Fault Systems

Some states operate under “no-fault” insurance systems, where your own insurance typically covers your medical expenses and lost wages regardless of who caused the accident. In “at-fault” states, the driver who caused the accident (or their insurance) is responsible for covering the other party’s damages.

The type of system in your state may affect how your claim is processed, but it doesn’t change your right to seek compensation for property damage or, in many cases, serious injuries.

Will Filing a Claim Increase Your Insurance Premiums?

There’s always a chance that your insurance rates will increase if you file a claim. However, if the other driver was at fault, your insurance premiums may remain the same. It depends on your driving record and the frequency of traffic accidents you are involved in.

You should show your personal injury lawyer a copy of your insurance policy. They’ll review it and let you know whether they think your rates will go up. They can also communicate with the insurance adjuster handling your claim to find out how the accident will impact your insurance premiums.

What Are Your Options if the Insurance Company Doesn’t Pay?

Ideally, the insurance company will pay your claim, and you’ll receive your insurance check within a few weeks. However, there is always the chance that the insurance company will deny your claim. They may do so for a variety of reasons, including:

• The person who hit you may not be listed on the insurance policy
• The insurance adjuster may believe you caused the crash
• The insurance company may have cancelled the policy for non-payment
• The insurance company denies your claim, hoping they can settle for much less later

If the insurance carrier denies your claim, you can file an appeal. Unfortunately, the same people who denied your claim will be handling the appeal. Therefore, there’s a good chance that you’ll have to take legal action against the other driver.

You Can Sue the At-Fault Driver

If the other driver has insurance but the insurance company refuses to pay your claim, your remaining option is to sue them directly. You can file a lawsuit against the unlicensed driver, demanding that they compensate you for your losses.

If the unlicensed driver has insurance, their insurance carrier will typically provide them with legal representation, subject to the terms of their policy. So it’s best to have an attorney on your side as well.

Once your attorney files your complaint, they will enter settlement negotiations with the insurance company. If this isn’t possible, your case will go to trial, where you’ll have to prove the other driver caused the crash.

Just because the other driver doesn’t have a valid license doesn’t automatically mean they’re liable for the car crash. Your car accident attorney must prove that the other party was negligent and that their negligence directly caused your injuries.

What Kind of Damages Can You Demand in a Lawsuit?

The type and amount of damages you receive depend on the seriousness of your injuries. For example, someone with a spinal cord injury will receive more than someone who suffers whiplash or a sprained wrist.

In most car accident cases, the victim can demand some or all of the following types of damages:

• Medical bills
• Future medical expenses
• Lost wages
• Lost future income
• Pain and suffering
• Any other out-of-pocket expenses
• Property damage

The problem with filing a personal injury lawsuit against an unlicensed driver is that there’s a good chance they don’t have auto insurance. This means you’ll have to sue them directly and hope that they have sufficient assets to cover your losses.

What to Do After a Car Accident with an Unlicensed Motorist

At the scene of any motor vehicle accident, it’s important to move your vehicle to the side of the road (if you can) and call 911 for assistance from law enforcement. Having a police report can make insurance claims much easier. If you’re able, get witness statements from people at the accident scene.

After you get home, take the following steps:

• Seek medical attention: You may think you’re fine, but the only way to know for sure is to see a doctor. They’ll run the necessary tests to determine if you’ve suffered any injuries. They will also make a note of your injuries in your medical records. Your car accident attorney will need a copy of these records to prove your damages.
• Report your accident to the insurance company: Regardless of who was at fault, you must report the crash to your own insurance company. Not only do you need to protect yourself, but some states also require that you report all traffic accidents.
• Document the damage to your vehicle: Take pictures, video, and notes about any damage as soon as you can following the accident.

If you’re in an accident with an unlicensed driver, you want to do whatever you can to increase your chances of recovering damages from the at-fault driver. Plus, your personal injury attorney will need certain information, such as the police report, to prove your case.

Seek Legal Advice from a Local Personal Injury Lawyer

If an unlicensed driver hits your car, you’ll have a difficult time recovering damages. It’s a good idea to consult a personal injury attorney as soon as possible after a car crash.

Your legal options may be limited when someone without a driver’s license smashes into your motor vehicle. A skilled attorney can help get you the compensation you deserve.

Contact a local car accident attorney today to schedule your free case evaluation. Your car accident lawyer will give you an idea of what your personal injury case is worth and explain how best to proceed. There are time limits for filing lawsuits that vary by state, so don’t delay in seeking legal advice.