Unlicensed Drivers

Unlicensed Drivers: A Complex Legal Situation

Getting behind the wheel without a valid driver’s license can lead to a whole mess of legal problems if you get into an accident. Even if the crash isn’t your fault, having no license complicates the insurance claims process and opens you up to additional penalties. It’s a tricky situation for all parties involved.

Let’s break down what happens when an unlicensed driver gets into a collision and causes injuries or property damage. We’ll look at fault and liability issues, insurance coverage problems, and potential criminal consequences.

Determining Fault in an Accident Caused by an Unlicensed Driver

When a crash occurs, fault is assigned based on negligence and proximate cause. Negligence means failing to use reasonable care while driving. Proximate cause means the harm was a foreseeable result of the negligence.

Simply being unlicensed doesn’t automatically make the driver at fault. They’d still need to have driven negligently and caused the accident through their actions. However, driving without a license could be used as evidence of incompetence behind the wheel.

For example, if an unlicensed driver runs a red light and hits another car, they acted negligently by breaking traffic laws. Their lack of a license suggests they may not have had proper training. So it could strengthen the negligence argument.

The legal concept of negligent entrustment also sometimes applies. This is when a vehicle owner lets someone drive who they know is unfit, like an unlicensed driver. The owner can share liability.

Insurance Coverage Gets Complicated

Insurance makes things really tricky when an unlicensed driver causes an accident. Here’s how it often plays out:

• Unlicensed driver has no insurance – The injured party must rely on their own uninsured motorist coverage. If they don’t have this, they can try suing the driver but may not get much.
• Unlicensed driver borrows a car – They may be covered under the owner’s policy, if they had permission to drive the car. But the owner’s insurer will likely investigate permission issues.
• Unlicensed driver has insurance – The company could deny the claim due to the license issue. Again, the injured party would need to use their uninsured motorist coverage.

That’s why it’s so important to carry adequate uninsured and underinsured motorist coverage on your own policy. It helps fill gaps when at-fault drivers lack sufficient coverage.

Potential Criminal Charges

Beyond insurance and liability issues, an unlicensed driver who causes an accident also faces criminal penalties like:

• License suspension or revocation
• Fines, fees, and surcharges
• Possible jail time

Driving without a valid license is against the law. So they could be charged with a misdemeanor or traffic offense on top of civil liability for the crash.

The Bottom Line

When an unlicensed driver gets into an accident, it muddies the waters on legal and insurance issues. Their lack of a license doesn’t automatically make them liable, but it does complicate matters.

It can be hard to know how to proceed if you’re the innocent injured party. That’s why it’s wise to consult an experienced personal injury or car accident attorney. They can help protect your rights and get you the maximum compensation you deserve.

Don’t let an unlicensed driver cause harm and get away with it. Know your options and fight back – with the law on your side!