What happens if an unlicensed driver has an accident with my car

Q: What happens if an unlicensed driver has an accident with my car Texas?

According to Texas law, the status of your drivers license doesnt affect the determination of fault when youre involved in a car accident. As such, car accidents involving an unlicensed driver will be handled just like any other accident.

Unlicensed Driver In Accident Not At Fault

Just because you got in an accident with an unlicensed driver doesn’t mean it’s their fault. If you rear end the other driver, it’s still your fault. Typically, unlicensed drivers are involved in 5% of fatal crashes while unlicensed motorcyclists are involved in 30% of fatal crashes. It is important to keep an eye out on the road for motorcyclists. Around 70% of unlicensed motorists who have either had their license suspended or never had a license driver regularly and have a higher chance at being involved in an accident than licensed drivers.

Table of Contents Show

Unlicensed Driver In Accident Not At Fault
The Other Driver in My Accident was Unlicensed: Does That Mean They Are At-Fault?
Are Unlicensed Drivers a Problem in Louisiana?
Do Unlicensed Drivers Pose a Unique Threat on the Road?
Can I File a Claim Against an Unlicensed Driver?
What if the Uninsured Driver Did Not Own the Vehicle?
What happens if an unlicensed driver has an accident with my car Texas?
What happens if someone else is driving my car and gets in an accident in NC?
What happens if you drive without a license and get into an accident in Arkansas?
What happens when you let someone drive your car without a license in NC?

Let’s go over who is liable when an accident involves a driver without a license. Driver without a license is against the law and negligence will apply. An unlicensed driver is not going to be at fault just because they are driving without a license. Anytime you rear-end an unlicensed driver you will still have to pay the damages to repair their vehicle and if there is a claim for injuries suffered in the crash.

Now let’s discuss who pays the property damage by an unlicensed driver. An unlicensed drivers insurance company is unlikely to be willing to pay liability for property damage. Insurance companies provide no obligation to insure you if you are unlicensed or have a suspended license. The unlicensed driver will have to pay the liability out of their own pocket. Many uninsured drivers will be unable to pay for the damages which means there’s a chance you won’t be able to recover any money at all. But if you have comprehensive on your policy it should cover damages to your vehicle. Your insurance company will likely pay out the damages right away and then seek to recover the amount from the unlicensed driver.

Comprehensive third party insurance is the only insurance that will pay out damages despite the at fault driver being unlicensed or driving with a suspended license. This type of insurance covers any injury compensation which the at-fault driver would be liable for.

If you have been involved in a car accident with an unlicensed driver consider seeking an attorney to make sure you are compensated for your injuries and damage to your vehicle. The Davis Kelin Law Firm handles all types of car accident and can be reached at (505) 242-7200. You may need to make a police report at the scene of the accident to have documented what happened. Driving without a license subjects the driver to penalties such a hefty fine and possible prison time.‍

The Other Driver in My Accident was Unlicensed: Does That Mean They Are At-Fault?

Posted in Car Accidents on March 4, 2022

Unlicensed drivers can pose a danger on the road. If an unlicensed driver is involved in a car accident, the aftermath can become complex.

Will an unlicensed driver have the insurance to cover damages? Who is at-fault? Can I still file an accident claim?

While each issue is a separate matter and unrelated to the other, they have heavy implications for recovering damages for property and person.

Are Unlicensed Drivers a Problem in Louisiana?

Louisiana is known for many things, including Mardi Gras, jazz, Creole and Cajun culture. Unfortunately, Louisiana is also known as one of the deadliest states for motorists. Recently, Louisiana was ranked third in the nation for traffic fatalities.

Unlicensed drivers play a significant role in fatal crashes nationwide. According to the U.S. Department of Transportation:

Unlicensed drivers or motorists with invalid licenses were involved in 19% of traffic accident fatalities
Motorcycle riders were the most likely to be unlicensed or had invalid licenses
21- to 34-year-olds Accounted for the most invalid or unlicensed drivers

While Louisiana does not have statistics specifically for unlicensed drivers, it can be implied using the above information that unlicensed drivers are linked to at least 19% of fatal accidents.

Do Unlicensed Drivers Pose a Unique Threat on the Road?

Unlicensed motorists present a distinct danger to other drivers. The demographics of unlicensed drivers are comprised of more than just inexperienced teenagers out mud bogging in dad’s pickup truck.

Unlicensed motorists and drivers with invalid licenses are mostly comprised of the following:

Motorists who lost their license because of a DUI conviction
Those who failed to maintain adequate car insurance
Elderly individuals who were unable to pass their renewal exam usually due to visual or mental impairments
Individuals who are unable to obtain a license or have had it revoked because of a medical condition, including vision impairment and seizures
Immigrants who have not yet passed the drivers exam
Individuals convicted of criminal offenses that suspend a driver’s license indefinitely
Motorists who have had their license suspended for driving infractions that accumulated too many points

Drivers are unlicensed for a reason. The unique threat that they pose is often due to a complete disregard for safety laws, including:

Drunk driving or driving under the influence of a controlled substance or illegal drug
Failed to keep sufficient auto insurance
May have hurt or killed somebody in a motor vehicle accident
Suffer from impairments that prevent them from driving safely
Repeat offenders of traffic violations
Those who have never received proper driver’s education

Unlicensed drivers are more than irresponsible. In most cases, they are a direct threat to anyone else sharing the road in Louisiana.

According to the AAA study, Unlicensed to Kill:

One in five traffic collisions involved an unlicensed driver
Approximately 50% of unlicensed drivers involved in fatal accidents had alcohol in their system
An estimated 50% of hit and run accidents are attributed to unlicensed drivers
6.7% of unlicensed drivers had their license suspended
1.1% of motorists were driving with an expired license
5% had never obtained a valid driver’s license

AAA’s report collected data from 2007-2009.

Can I File a Claim Against an Unlicensed Driver?

Driving unlicensed and car accident liability are two separate issues. While driving unlicensed is illegal and subject to penalties, traffic accident liability depends on negligence.

Louisiana is an at-fault or tort state, meaning that a driver can recover damages from the at-fault driver. However, it should be noted that driving without a license does not automatically make a motorist liable for a car crash.

Fault in traffic accidents is determined by the negligence of a driver. For example, if a driver with a valid license runs a red light and hits an uninsured motorist, the licensed driver is at fault. The unlicensed driver can legally pursue a claim against the negligent motorist.

In some cases, valid insurance claims are denied to unlicensed drivers. In a case from 2015, a Louisiana court upheld the right of an insurance company to deny coverage to an unlicensed driver:

Affirmative Insurance Company sold insurance to Darryl Parker, who revealed that he did not have a valid driver’s license at the time of purchase. The insurance representative assured him that he could still purchase the policy. However, Affirmative Insurance Company has a clause in their contract stating that all policyholders must have a valid license and subsequently denied coverage in his accident.
Mr. Parker took the insurance company to court, making it all the way to the Louisiana 5th Circuit Court of Appeal. The court upheld the insurance company’s right to deny coverage to an unlicensed driver.

When an unlicensed driver is at-fault in a collision involving a licensed motorist, recovering damages can present unique challenges.

If the unlicensed driver has insurance, then the licensed driver can file a claim through their insurance. However, as in the case above, the insurance company may deny coverage.

The next option would be to personally pursue civil action against the unlicensed driver. If the unlicensed motorist is driving a 2019 Mercedes-Benz GT-Class, they may have the means to cover your damages.

On the other hand, if the unlicensed motorist cannot personally cover your damages, the last option is to file a claim through your own insurance. If your policy has Uninsured or Underinsured Motorist Coverage, you may be able to recover damages.

What if the Uninsured Driver Did Not Own the Vehicle?

There are a few exceptional cases when an unlicensed driver causes a collision but does not own the vehicle they are operating.

For example, suppose a mother has a suspended license and borrows her son’s car for errands. If she causes an accident, the other driver may be able to file a claim with her son’s insurance policy.

Generally, insurance policies follow the vehicle, not the driver. The owner of the vehicle’s insurance policy will likely cover your damages.

However, if the vehicle was stolen or driven without permission it could invalidate the insurance coverage.

Suppose a delivery truck driver is unlicensed and causes a collision. Depending on the circumstances, an accident victim may be able to file a claim through their employer’s insurance. However, there are many factors to consider, including:

Was the delivery truck driver driving on company time?
Did the company know the driver was unlicensed?
Was the truck owned by a third party and licensed to the employer?

Car accident claims are rarely straightforward. It may be in your best interest to speak with an experienced car accident attorney from the Law Office of John W. Redmann, LLC.

What happens if an unlicensed driver has an accident with my car Texas?

According to Texas law, the status of your driver's license doesn't affect the determination of fault when you're involved in a car accident. As such, car accidents involving an unlicensed driver will be handled just like any other accident.

What happens if someone else is driving my car and gets in an accident in NC?

In North Carolina, liability insurance follows the car, not the driver. Essentially, this means that if someone borrows a car and causes an accident, the vehicle owner's policy would be the first coverage pursued for compensation.

What happens if you drive without a license and get into an accident in Arkansas?

Suspended Licenses and Determining Fault in an Arkansas Accident. Driving with a suspended or revoked license is a crime. You could be charged following an accident. However, that does not mean you lose your right to seek compensation from a negligent driver if they caused the accident.

What happens when you let someone drive your car without a license in NC?

What Is The Penalty For Letting an Unlicensed Driver Drive Your Car? The penalty of letting an unlicensed driver drive your car is similar to the penalty for any Class 3 Misdemeanor. According to North Carolina law, you can face up to 20 days in jail and a fine of up to $200.