What if you are involved in a car accident with an unlicensed driver? You're obeying the law, following the rules of the road, when suddenly your car is struck by an unlicensed driver. The damage can be extensive, both to your vehicle and potentially to your health. But beyond the immediate shock, a crucial question arises: how do you recover compensation in this situation?
While most of us operate under the assumption that licensed and insured drivers share the roads, the reality is that unlicensed drivers are more prevalent than one might expect. The statistic reveals that unlicensed drivers were responsible for nearly 18.4% of fatal crashes in 2021. This can leave you, the responsible driver, facing a damaged car, medical bills, and a significant hurdle in recovering compensation.
In this article, we will dissect the relevant legal principles, explore available avenues for financial recovery, and equip you with valuable knowledge to protect your rights. Consider this your essential guide in the aftermath of a collision with an unlicensed driver.
Pursuing a Claim Against an Insurance Company for an Accident With an Unlicensed Driver
Understanding how insurance handles these situations is crucial, as a person without a valid license often lacks the insurance coverage necessary to compensate you for damages.
Are Unlicensed Drivers Automatically Liable?
No, the concept of liability (fault) is different from insurance coverage. Here’s how they are different:
Liability refers to who is legally responsible (at-fault driver) for causing an accident. Regardless of whether a driver is licensed or unlicensed, they can be held liable for the accident if their actions were negligent. This means the driver failed to operate the vehicle with the care a reasonable person would in the same situation.
Insurance coverage, on the other hand, refers to the financial protection provided by an insurance policy. While an unlicensed driver may be found liable for the accident, their lack of insurance can significantly impact your ability to recover compensation for damages to your car, medical bills, and other losses.
Even if the unlicensed driver is found to be at fault, their lack of insurance and valid license creates a challenge in recouping your losses. Without valid car insurance, there's no guaranteed source of funds to cover the repairs to your vehicle, medical expenses, or other damages. This is why having adequate uninsured motorist coverage on your own car insurance is crucial. We'll discuss this option and other avenues for recovery in a later section.
Who Drives Without a License?
Here's a breakdown of some common reasons why driving without a valid driver's license is more prevalent than you might think:
Underage Drivers
Individuals under the legal driving age (typically 16) are the most obvious group of persons without valid licenses involved in accidents. Drivers under 16 were involved in over 2,400 fatal crashes, making motor vehicle crashes the leading cause of death for U.S. teens
Undocumented Immigrants
Due to legal restrictions or fear of deportation, some undocumented immigrants may not be able to obtain a driver's license. Some states have begun offering driver's licenses to immigrants, but these programs are not available everywhere.
Suspended or Revoked Licenses
Drivers whose licenses have been suspended or revoked due to prior offenses (DUIs, reckless driving) may still operate vehicles illegally. However, at least 11 million license suspensions are due to unpaid fines and fees, not necessarily dangerous driving behavior.
How To Protect Yourself If You Got Into An Accident With An Unlicensed Driver?
Being struck by an unlicensed driver can be a confusing and frustrating experience. Here's what you can do to protect yourself:
Unlicensed Drivers and Liability in Louisiana
Louisiana adheres to a fault-based system. In this system, the driver whose negligence caused the accident is financially responsible for the damages of the other party. This applies even to drivers without a valid license. However, Louisiana Civil Code Article 2323 states that a driver's recovery of damages is reduced in proportion to their assessed fault.
For instance, if you are involved in an accident with an unlicensed driver and evidence shows you were 20% at fault for the accident, your compensation from the at-fault driver's insurance company would be reduced by 20%.
When the Unlicensed Driver Borrowsthe Car Without permission
If someone took your car without permission and caused an accident while they have no driver's license, your insurance coverage might still apply. Most policies offer coverage in such situations, though there may be specific exclusions or limitations. It's crucial to contact an attorney as soon as possible after the accident to understand your specific policy details.
Unlicensed Driver Accident Scenarios
Here are some common scenarios involving unlicensed and uninsured drivers:
Parked Car Hit by Unlicensed and Uninsured Driver: Even if your car is parked, an unlicensed driver can still be held liable for any damage they cause. The process of recovering compensation will likely involve filing a claim with your own insurance company under your collision coverage (assuming you have it).
Minor Driving Without a License: In Louisiana, the laws regarding minors driving without a license are particularly complex. Generally, parents or guardians can be held financially responsible for accidents caused by their unlicensed minor children.
Driver with Medical Conditions: Licensed drivers with medical conditions like seizures can still be liable for accidents if they fail to disclose the condition or act negligently while driving. Many states require a seizure-free period before regaining a license, which can range from 3 months to a year.
Remember, these are just a few examples. The specific legalities will vary depending on the unique circumstances of your accident. It's important to consult with an attorney specializing in car accidents to understand your rights and options for recovering compensation.
What To Do If Involved In An Accident With A Person Without A Driver's License?
1. Call the Police
Being involved in a car accident can be a shock. But, regardless of the severity of the car accident, the most important thing to do now is to call the police to file an incident report. This official document will be crucial for any insurance claims or legal proceedings that may follow the car crash.
2. Gather Information
While waiting for the police officer, take a moment to gather important information that can support your car accident case. Here's what you should focus on:
Driver Details: Capture the other driver's name and contact information. If they have any identification (driver's permit, state ID), take a clear picture for your records.
Vehicle Information: Note down the license plate number, make, and model of the vehicle the unlicensed driver was operating. Take photos of the damage to both vehicles from multiple angles, capturing the overall scene and any close-up details of the damage.
Witness Information: If any bystanders witnessed the accident, get their names and contact information. Their statements can be valuable in establishing fault and the details of the incident.
3. Investigate Resident-relative Coverage
Even though the unlicensed driver themself won't have insurance, there might be a hidden advantage in this situation: resident-relative coverage. This applies in some cases where the unlicensed driver lives in the same household as someone with an auto insurance policy.
This type of coverage extends insurance benefits to residents of the policyholder's household, even if they aren't listed on the policy itself. It's not a guarantee, but it's definitely worth investigating.
Financial Recovery Options
The unfortunate reality of accidents with people without a valid license is that traditional liability coverage may not be enough to cover your losses. However, there are still options available to help you recover compensation for the damages you obtained from the car accident. This section will explore two key financial recovery options:
Uninsured Motorist Coverage (UM)
Even when faced with an unlicensed driver, having the right insurance coverage can make a significant difference. If you have Uninsured Motorist (UM) coverage on your auto insurance policy, it can provide a crucial financial safety net in these situations. UM coverage kicks in when the at-fault driver either has no insurance or doesn't have enough insurance to cover your damages.
Suing the Unlicensed Driver
If you don't have UM coverage or the at-fault driver's resident-relative coverage doesn't apply, you can still pursue the driver personally through a civil lawsuit. This route allows you to seek compensation for your damages directly from the driver. However, it's important to understand the challenges involved:
Collecting a Judgment: Even if you win a lawsuit against the driver, collecting a financial judgment can be difficult, especially from someone who doesn't have insurance and may not have significant assets.
Legal Costs: Lawsuits can be expensive, and there's no guarantee of success. You'll need to weigh the potential costs of litigation against the likelihood of recovering compensation from the driver.
Considering these challenges, consulting with a personal injury attorney specializing in car accidents is highly recommended.
Contact A Car Accident Attorney
While this article equips you with valuable information, the best course of action will still depend on the specific details of your case.
If you've been involved in a serious car accident involving or with an unlicensed driver, consider contacting a reputable car accident attorney. Here at Burnham Law Firm, we can provide you with a personalized assessment of your case and guide you toward the most effective path to recovery.
Don't fight this battle alone – contact us today.
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