24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

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:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • 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!

Schedule Your Consultation Now