Do I Have Grounds To Sue An Unlicensed Driver
Just because someone is driving without a valid drivers license does not mean you have grounds to sue. Like all car accident lawsuits, you must prove negligence in court, and driving without a license is not inherently negligent. Of course, negligence is best judged on a case-by-case basis, so consult with a car accident attorney to get a better understanding of your rights.
Additionally, you can browse more about car accidents with uninsured or underinsured drivers to continue to familiarize yourself with these situations.
What To Know If Your Car Crash Involves An Unlicensed Driver
While driving without a license is against the law, it is a far too common practice throughout California. The issue with unlicensed drivers is that there is a reason that they dont have a license whether it be lack of experience or problematic driving records these drivers can cause danger on the road.
The AAA Foundation for Traffic Safety reports that almost 20 percent of fatal car crashes involved drivers that were unlicensed or who had invalid licenses. Nearly 7 percent of these drivers had suspended or revoked licenses, 1 percent had expired licenses, and 5 percent never had a license.
Drivers without a license are also likely to not have insurance or other forms of economic assets to compensate for the costs of property damage and injuries that result from an accident. However, there are solutions to recover the losses experienced from a car accident.
Here at West Coast Trial Lawyers, our experienced team of car accident attorneys are here to help you with your case and offer you guidance in a free consultation. We have a proven track record and have won over $1.5 billion for our clients. Contact us anytime, as were available 24/7 through the phone or the web by calling 927-3700 or emailing .
What Do Texas Drivers License Laws Say
Under Chapter 521 of the Texas Transportation Code, everyone who drives a motorized vehicle on public roads must have a valid drivers license and must have it on them while driving. Violating this statute can result in a misdemeanor criminal charge. A first offense usually leads to relatively minor penalties, but multiple or repeated offenses can lead to jail time and significant fines.
All 50 states have similar laws in place to ensure that every driver meets a minimum standard of training and experience before they get behind the wheel. Getting a drivers license is a privilege that constitutes an agreement between you and the state that you will follow certain laws and practices driving, or you risk losing the privilege. This plays a key role in keeping Texas roads safe, so police and the courts take it seriously.
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When Your Friend Crashes Your Car: The Rules Of Auto Liability
If you drive your car and cause an accident, your car insurance will pay for the damages you cause, as defined in your policy. If your friend drives and crashes your car, you may assume that he and his car insurance will pay for damages. In fact, you are on the hook.
Lending your car to a friend can be an expensive favor if he or she gets into a car accident while cruising your ride. Despite the fact that you may think the accident and resulting costs will fall to your friends insurance policy, it will actually be your insurance coverage that will be paying the bills for your buddys driving mishap, assuming you gave the person permission to drive your vehicle.
Car insurance tends to follow the car in most circumstances so if someone else is driving your car and is involved in an accident, your insurance will be considered primary, meaning that all claims will go through it, up to your coverage limits.
Accidents With Unlicensed Drivers
There are a variety of scenarios involving accidents with unlicensed drivers. The most obvious is an accident with a someone who was driving his or her own car without a license. In this scenario, there are a few variables to consider:
- Does the driver have insurance?
- Does insurance coverage still apply if the driver did not have a license or his or her license was suspended?
- Was the unlicensed driver at fault for the crash?
Another potential scenario is if the unlicensed driver was driving someone elses car with permission from that person. Typically, insurance follows the car, not the driver. Even if the driver lacks insurance, you may be able to file a claim against the policy held by the owner of the car. However, does the fact the driver had no license invalidate the insurance coverage? That is a question to discuss with a licensed attorney.
If the unlicensed driver did not have permission, such as if he or she stole the car, the insurance coverage may be invalidated.
Generally, if the driver or owner of the car has insurance coverage, and it still applies, the claims process would proceed as it would after any other accident. If the driver or owner of the car lacks insurance, you may be able to file a claim against the uninsured coverage in your own insurance policy.
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Am I Liable If Someone Else Driving My Car Gets Into An Accident
You may not think twice about letting a trusted friend or family member drive your car if the situation calls for it. However, youre also probably not thinking about the consequences of that person getting into an auto wreck. These situations can cause some confusion with insurance companies and you may be affected, even if you werent in the car at the time.
What Happens When An Unlicensed Driver Hits Your Car
Posted in Car Accidents on March 18, 2021
Even safe drivers can be in accidents. It is especially frustrating when your car is hit by a driver who doesnt even have a license. Sadly, many unlicensed drivers not only dont have licenses, they also dont have insurance, leaving you with property damage and or even bodily harm.
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What Happens If You Drive Without A License
The penalty for driving without a license will vary depending on a number of different factors. What state you live in, whether the license was suspended or revoked, and whether or not this was your first offense will all impact the fees and possible jail time you will be facing.
Here is a breakdown of what you can expect state by state if you are cruising the streets without a license:Driving Without a License Penalties State by State
|Misdemeanor – Imprisonment for no more than 6 months, fine of no more than $750, or both.|
Note: **Data Provided by the National Conference of State Legislatures.
S To Take When An Accident Occurs
Before loaning out your vehicle, its important to thoroughly understand the coverage provided by your insurance policy. If the person isnt covered by your policy, doesnt have his or her own insurance, is clearly intoxicated, or doesnt have a drivers license, dont let him or her borrow your car.
Because Florida is a no-fault state when it comes to car accidents , drivers are required to carry auto insurance that pays personal injury protection benefits.
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How To Protect Yourself As An Unlicensed Driver
While it is possible to claim compensation when youre involved in a car accident without a license, the other partys insurer or defense attorney can bring up issues, denying you the compensation you deserve.
That said, you should consider getting a drivers license soonest possible if you have never had one. You may also want to renew your license if its already expired or sort out any issues preventing you from having one. This will help your case with insurance companies as it prevents them from using your lack of a license against you.
Besides that, it is always recommended that you work with a qualified attorney if youre involved in a car accident and youre an unlicensed driver to help gather the necessary evidence to build a strong case to help prove the other persons liability.
Driving Without A License May Not Affect Liability
Although you may face penalties for driving without a license, if you were injured in a collision caused by another drivers negligence, you may still be able to recover compensation for damages you sustained as a result of the car accident. This is true of both no-fault claims for accident benefits and liability-based claims. Liability in a car accident is determined by the provinces Fault Determination Rules, not the status of your license.
If these rules determine that the other drivers negligence was primarily responsible for your accident, even if you were driving without a license, you may be able to pursue legal action through a tort claim. In these situations, a car accident lawyer may be able to help you recover the costs you incurred as a result of injuries you sustained in your accident.
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How Do You Prove You Are Not At Fault In A Car Accident
Take every angle and shot photos of road signs at the scene. Also, try and note if the driver who caused the accident has a cell phone on them. Your attorney may need cell phone records to prove if the other driver was talking or texting before the crash . A police report is quite useful in proving fault .
You May Face Penalties For Driving Without A License
As outlined in the Ontario Highway Traffic Act, unlicensed drivers may face penalties, including:
- Vehicle impoundment
- A fine of at least $100 for a first conviction, or at least $200 for a second conviction
If your drivers license has been suspended due to a previous violation of the Ontario Highway Traffic Act, and you are caught driving, you may face additional penalties, including:
- Fines between $200 and $1,000
- Up to six months in jail
- Further license suspension
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Checklist Before You Lend Your Car
Let An Experienced Indianapolis Car Accident Lawyer Help You
It is a nerve-wracking process to deal with insurance companies when your car is in a crash. Insurance companies almost always try to get out of situations where they have to pay their clients. Having a trusted Indianapolis car accident lawyer from Rowe & Hamilton by your side will save you stress and legalities throughout the process.
Rowe & Hamilton has over 32 years of experience in dealing with all kinds of cases in Indianapolis and we can help you get the best settlement from your insurance provider if someone else was driving your car and ended up having an accident. We understand that not being at fault yourself can make the process even more difficult for you.
Let our experienced Indianapolis accident attorney make the process seamless for you!
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What Happens If Someone Else Is Driving My Car And Gets In An Accident
When the car owner is behind the wheel and crashes the vehicle, their insurance can cover the damages.
But what if someone else drives your car and gets in an accident? Are you responsible? Knowing where responsibilities lie in this situation can help you avoid legal issues and insurance battles in the future.
Can someone drive my car and be covered on my insurance?According to Virginia law, the car owners insurance covers accident-related expenses even if someone else is behind the wheel. But only if the person has the owners permission to drive. This information is mentioned in Virginia Code § 38.2-2204.
The law requires the insurance policy to cover any person using the vehicle with expressed or implied consent of the named insured. In case the person who borrowed your car has their own insurance, that policy would provide coverage on top of your own. That comes in handy when damages exceed your policys limits.
Accordingly, an uninsured person driving an insured vehicle is covered by the car owners policy. However, the coverage only works if the owner gives his or her permission to the driver.
What happens if the driver goes beyond the permitted area?What happens if someone drives your car and gets in an accident beyond the permitted driving area?
When you permit someone to drive your vehicle, you automatically allow them to transfer it to others. Your insurance covers losses stemming from the accident as long as you give the initial permission.
How Does Insurance Apply When Someone Else Drives Your Car
If someone driving another car was at fault for an accident that damaged your car, but their insurance does not cover the damage to your vehicle, you could be responsible for covering the deductible for your cars repairs. In California, the minimum property damage coverage is $5,000. This minimum amount is insufficient for most people, as many vehicles on the road are valued much higher than $5,000, and even a small collision can cause damage exceeding that figure. Your collision coverage will pay for damage to your car above the other drivers coverage. When selecting your policy, keep in mind that you could have to pay a deductible to cover repairs to your own vehicle in this type of situation.
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What If An Unlicensed Driver Crashed My Car
If you get into an accident with an unlicensed driver, the insurance company of the vehicle being driven by an unlicensed driver will refuse to pay their liability or property damage. This means the unlicensed driver will have to pay the costs. … If you rear-end the car of an unlicensed driver, it will be you at fault.
Unlicensed Drivers And Liability
Whether or not a driver has a license to operate a vehicle doesnt determine fault for a car crash. Violations of other traffic laws like speeding or running a stop sign could be considered negligence, but driving without a valid license usually is not the cause of a crash.
If youre in a crash with a vehicle operated by an unlicensed driver, you could be found at fault for the crash even though the other driver lacked a license. But, if the unlicensed driver was to blame for the crash, you could be eligible to seek compensation, just like any other collision caused by negligence.
Unfortunately, depending on the situation, the drivers lack of a license might affect your ability to actually secure compensation for your injuries. For example, if the driver does not have a license, they might also not have an auto insurance policy to provide compensation if they cause a crash.
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Insurance Follows The Vehicle
The idea that the insurance policy follows the driver is a myth it actually follows the vehicle. If you loan someone your car, your insurance policy should provide primary coverage in the case of an accident, while the drivers insurance would provide supplemental secondary coverage.
For example, say you lend a friend your car and they get into a fender bender accident. If police determine he is at fault in the incident, you would be responsible for filing a claim for the accident with your insurance company, paying the deductible, and paying any resulting premium increases for your policy. Your friends insurance company would be expected to cover costs that exceed your insurance coverage.
If your friend wasnt at fault in the accident, the other drivers policy would cover the damages to your car and your insurer wouldnt be involved.
What If Im Injured By An Unlicensed Driver In A California Car Accident
If the at-fault driver was operating the vehicle without a license, DLGs Car Accident Division attorneys will fight to ensure you recover the maximum financial compensation you deserve for any injuries and property damage. Again, the most important element in a car accident claim is liability, so although whether the driver was licensed or unlicensed will play a factor, it will not necessarily be the most important factor.
Rather, if the driver was texting or speeding while driving, well use our years of experience and past success to develop a precise legal strategy that seeks to recover every available ounce of financial compensation for a variety of losses .
Examples of common damages that are recoverable in car accidents include:
- Physical therapy or rehabilitation expenses
- Lost Wages
- Emotional trauma
- Psychological distress
Another reason for choosing the best and most experienced car accident attorney to handle your claim includes the potential for recovering non-economic damages in your claim. As these damages can be subjective and more difficult to quantify, they also require a certain level of skill in order to be properly proven under the law.
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