What Happens If the At-Fault Driver Was Driving Without a License?

Accidents can be terrifying. One moment, you're going about your day and the next, everything can change. If you're reading this, you've likely recently experienced an accident, and the at-fault driver didn't even have a valid driver's license. First, we want to say we're sorry that you're going through this. Dealing with an accident is hard enough, but adding this complication can make it all feel even more unfair.

You're probably wondering what happens next. Who is responsible for covering the damages? Will their lack of a license affect your claim? Can you still pursue compensation? These are all valid questions. Let's walk through everything you need to know and the steps you can take right now to protect your rights and seek the justice you deserve.

Understanding the Impact of Driving Without a License

You might think that someone who drives without a license would automatically be deemed responsible for causing an accident, right? After all, if they don't have a license, they shouldn't even be on the road. However, the legal system doesn't work quite that way.

When determining fault in an accident, courts and insurance companies will focus on what caused the crash. If the unlicensed driver ran a red light or was speeding, then their actions clearly contributed to the accident, and they would likely be held responsible. The fact that they were driving illegally without a license is a separate issue, but it can still play a role in certain aspects of your claim, which we'll discuss later.

For now, the key takeaway is this: an unlicensed driver can still be found at fault for an accident, and their lack of a license doesn't prevent you from pursuing compensation for your injuries and damages.

The Role of Comparative Negligence in California

After an accident, one of the first questions that comes up is, "Who was at fault?" Determining fault is an essential part of seeking compensation for your injuries, property damage, and other losses. However, in California, the process of assigning fault isn't always black and white. This is where California's comparative negligence rule comes into play.

California follows a pure comparative negligence system. This means that fault for an accident can be shared between multiple parties, and your compensation will be adjusted based on your share of responsibility. Even if you were partially at fault, you can still recover damages, but the amount you receive will be reduced by your percentage of fault.

For instance, if you're awarded $100,000 in damages but found to be 20% responsible for the accident, your compensation would be reduced by 20%, leaving you with $80,000.

Understanding comparative negligence is key to protecting your rights. Insurance companies often try to shift as much blame onto you as possible to minimize their payouts. Knowing how the process works can help you push back against unfair fault assignments and ensure you receive the compensation you deserve.

If you're navigating an accident involving an unlicensed driver, remember that their lack of a license doesn't absolve them of responsibility, and California's comparative negligence system is designed to handle these complex situations fairly.

Does the Driver Have Insurance?

One of the most critical factors in your case will depend on whether the unlicensed driver had auto insurance. While it's illegal to drive without a license, some unlicensed drivers still manage to purchase car insurance. If they do have insurance, it might cover your damages even though they were driving without a license at the time of the accident.

However, many unlicensed drivers don't bother with insurance, given that one of the requirements for obtaining it is providing a valid driver's license. If the at-fault driver was uninsured, the situation becomes more complicated-but that doesn't mean you're out of options.

California requires insurers to offer uninsured/underinsured motorist (UM/UIM) coverage as part of their auto insurance policies. However, drivers are not required to purchase it. This type of coverage is designed specifically to protect you when the at-fault driver lacks insurance or doesn't have enough to fully cover your losses. If you have UM/UIM coverage, it could provide the financial relief you need in this situation.

Not sure if you have this kind of coverage? Don't worry. You can request a copy of your insurance policy from your provider to find out.

How Driving Without a License Could Affect Your Claim

While proving fault is the most critical aspect of your claim, it's worth noting that an unlicensed driver's status can complicate matters. Here's how:

• The Other Driver's Credibility Could Be Impacted. An unlicensed driver is, by definition, breaking the law, which can hurt their credibility when trying to present their side of the story. This could strengthen your case when it comes to negotiations or even a trial.
• Insurance Companies May Deny Coverage. If the at-fault driver's insurance company discovers they were unlicensed, it's possible they may deny covering the accident altogether. This is not necessarily the final word, but it could mean additional challenges in pursuing compensation.
• Your Own Insurance May Come Into Play. If the other driver's insurance denies coverage or the driver is uninsured, your uninsured motorist coverage, personal injury protection (PIP), or other provisions under your own policy can help step in to cover medical bills, lost wages, and other expenses.

Steps to Take Now to Strengthen Your Claim

If the accident just happened, or if it's been a few days and you're wondering what steps you can still take, don't worry. There are still things you can do to protect your rights and improve the chances of getting the compensation you deserve. Here's what you should focus on:

1. Document Your Injuries and Treatment

If you sought medical attention after the crash, keep detailed records of your injuries and treatment. Photos of visible injuries, copies of medical bills, and records from your doctors are critical pieces of evidence. If you haven't seen a doctor yet but are experiencing pain or discomfort, make it a priority to get checked out as soon as possible. Not only is this important for your health, but it also creates documentation of your injuries.

2. Request a Copy of the Police Report

Hopefully, law enforcement responded to the scene of the accident and completed a police report. If you weren't able to get a copy then, you can request it now. A police report often includes important details about the crash, such as witness statements, who was cited (if anyone), and the responding officer's notes.

3. Gather Photographs or Video Evidence

If you took photos of the accident scene, the damage to your car, or any other relevant details, collect them now. If you didn't take photos or video at the time, see if any nearby businesses, homes, or traffic cameras may have caught footage of the incident. This evidence can be invaluable to your claim.

4. Identify Witnesses and Contact Them

Did anyone see the accident happen? Witnesses can provide powerful testimony to support your side of the story. Reach out to them if possible, and ask if they'd be willing to provide a statement or share their contact information for future use.

5. Notify Your Insurance Company

Even if you weren't at fault, you should inform your insurance company about the accident. If you have uninsured/underinsured motorist coverage, this step is especially important, as it could be a key part of recovering compensation. Be factual and provide the necessary details, but avoid making assumptions about fault.

6. Track Your Damages

Accidents don't just affect your vehicle; they impact many areas of your life. Keep a record of all the expenses you've incurred because of the accident, including medical bills, lost wages, repair costs, transportation costs, and any other financial losses. You should also note how the accident has affected your daily life-for example, if you're struggling with mobility or experiencing anxiety as a result.

7. Stay Off Social Media

It's tempting to share updates or vent about your experience online, but be very cautious with what you post. Insurance companies can and do monitor social media profiles to find anything they can use to undermine your claim. It's best to avoid posting about the accident or your injuries at all.

What Compensation Can You Pursue?

Even if the at-fault driver was driving illegally without a license, you still have every right to seek compensation for your losses. Depending on the circumstances of the accident, you could be eligible for:

• Medical Expenses: Coverage for hospital visits, surgeries, medication, physical therapy, and any ongoing treatment required for your injuries.
• Lost Income: Compensation for the income you've lost due to being unable to work while recovering.
• Property Damage: Reimbursement for repairs or replacement of your vehicle and any personal items damaged in the crash.
• Pain and Suffering: Financial relief for the physical pain, emotional distress, and mental anguish caused by the accident.
• Loss of Enjoyment: Compensation if your injuries prevent you from enjoying activities you once loved.

The total compensation you're entitled to will depend on the severity of your injuries and how the accident has affected your life.

Why You Shouldn't Give Up

Dealing with the aftermath of an accident is never easy, especially when the at-fault driver isn't legally allowed to drive. It's normal to feel angry, confused, or even hopeless at times. But it's important to remember this: your accident wasn't your fault, and you deserve to be treated with fairness and respect.

By taking proactive steps-even days after the accident-you can strengthen your claim and work toward holding the responsible party accountable. And while pursuing compensation may feel like an uphill battle, you don't have to fight it on your own.

FAQs About Unlicensed Drivers and Accidents

Accidents involving unlicensed drivers raise a lot of questions, and it's only natural to feel uncertain about what you can do next. To help clear things up, here are answers to some of the most common questions about these kinds of situations:

Can I sue an unlicensed driver directly?

Yes, you can sue an unlicensed driver directly if they were at fault for the accident. However, there's one important consideration to keep in mind. Unlicensed drivers are often uninsured or may lack significant assets, which can make recovering compensation more difficult. This is why your own uninsured/underinsured motorist (coverage can be a vital resource in such cases.

What if the unlicensed driver was borrowing someone else's car?

If the unlicensed driver was operating a car they didn't own, such as a friend's or family member's vehicle, the owner's insurance policy might still apply. Typically, insurance follows the car, not the driver, meaning that the vehicle owner's liability insurance may cover your damages, even if the person driving didn't have a valid license. However, there are exceptions, such as if the owner knew the driver was unlicensed and allowed them to use the vehicle anyway. This can create legal complications that need careful review.

Does the car owner bear any responsibility?

Potentially, yes. If the owner knowingly lent their car to someone without a valid driver's license, they could be held partially liable for the accident. This legal concept is often referred to as "negligent entrustment," which holds a vehicle owner accountable for allowing an unfit or unlicensed person to drive their car. If this applies to your case, the vehicle owner's insurance may be required to cover your damages.

Seeking Legal Assistance for Accidents Involving Unlicensed Drivers

Accidents involving unlicensed drivers can be complex and frustrating. Our firm provides legal assistance to accident victims in Glendale and the greater Los Angeles area. We can help you understand your rights and pursue appropriate compensation.

We have years of experience assisting clients with their accident claims. If you are ready to learn more about your legal options, contact us at (800) 210-0000 or through our online form to discuss your case and legal options during a free consultation.

Disclaimer: The information provided in this blog post is for educational purposes only and does not constitute legal advice.  Every case is unique and requires individual attention. Past case results do not guarantee future outcomes. Every case is unique and requires individual attention. Consult with a qualified attorney to discuss your specific situation.