Driving without a valid license is a crime with severe legal and financial repercussions. And when you are unfortunate enough to get involved in a car accident with an unlicensed driver, things will quickly spin out of control.
Here is a preview of the legal implications and what you need to know about handling such a situation.
Understanding Unlicensed Drivers
Unlicensed drivers are driving on the road without possessing a valid driver’s license.
These may be individuals who
- Have never received a license
- Their license is revoked or suspended
- The license has expired
- The driver is abroad and possesses no valid U.S.-issued license
- Underage drivers
Every situation has its respective danger and legal issues. For instance, the reckless nature of teenagers may not have enough experience in driving, undocumented immigrants may not have a legal way to get a license, and elderly drivers may have trouble renewing their licenses mainly due to ill health, among other issues.
Legal Consequences of Driving Without a License
1. Criminal Charges
Most jurisdictions consider driving without a license a crime, though the charge is different. Most regions regard it as a not very serious crime, but when the offender commits a repeat offense, it can be charged as a felony. In California, for instance, first-time offenders are sentenced to serve between five days and six months, though harsher charges apply for repeat offenders. This is not the case in Texas, however. Unlicensed drivers only receive a traffic citation.
2. Civil Liabilities
In an accident caused by an unlicensed driver, the driver can be held civilly liable for the injuries and damages caused. If the vehicle they are driving is insured and the driver is not an excluded driver on the policy, the liability coverage will pay at least part of the damages the unlicensed driver is held liable for. Injured people may bring a lawsuit against the unlicensed driver to claim compensation for medical expenses, property damage losses, lost wages, pain and suffering mental anguish and physical impairment as well as other elements of damage. In some cases, the unlicensed driver may simply be uninsured and leave an unbearable burden on the minds of victims.
3. Insurance Complications
An insurance coverage issue can occur every time an accident happens with an uninsured driver. Some policies only provide coverage if the drivers are licensed. If the owner allowed the car to be driven by an unlicensed driver, the claim would be covered by the owner’s insurance. Most policies actually do not cover accidents involving an unlicensed driver who did not have permission from the owner to operate the vehicle, so this may lead to claims denials and hefty bills for out-of-pocket repairs and medical costs.
The Role of Your Insurance Policy
1. Uninsured Motorist (UM) Coverage
Uninsured Motorist Coverage protects you in the case where you have an accident with an uninsured driver. UM covers the damages when the at-fault driver does not have adequate coverage or no insurance. Not all insurance agents encourage you to purchase UM coverage. This is valuable coverage for you and your family, and you should include it on all your automobiles whether your car is paid off or not. You must reject UM coverage in writing otherwise you have the coverage automatically, and not all policies automatically list the coverage when you don’t reject it, so please check your policy details. If it doesn’t show on your declarations page the follow up with your agent to make sure you get the coverage.
2. Underinsured Motorist (UIM) Coverage
This coverage shall automatically be triggered if your losses exceed the limit of insurance coverage by the at-fault driver’s insurance. UIM can thus prove crucial if that uninsured driver turns out to be underinsured, too. UIM covers this gap by covering the difference between whatever remains lacking between the at-fault driver’s policy and your total losses received up to the policy limit you choose to carry. UM and UIM are combined coverage on your policy and are just one premium price for each covered vehicle
3. Impact on Your Premium
Even though your insurance will cover the accident, it is likely to result in high premiums. Insurance companies commonly treat accidents involving unlicensed motorists as risky, and hence, you are likely to be charged more when renewing your policy.
Handling Legal and Insurance Challenges
1. Gathering Evidence
You should gather as much evidence as you can after a car accident involving an unlicensed driver. Evidence includes:
- Photos of the accident scene and damage to the vehicle
- Statements from the witnesses
- The police report
This piece of evidence is crucial during the proving of fault as well as the processing of your claim.
2. Consulting a Legal Expert
In this case, an accident that results from a driver who does not have a license will, of course, require you to consult an attorney who handles such cases. You will, therefore, have an attorney with enough experience in handling such a case, gaining you an accessible entrance into the legal system and availing you of your rights in a situation where you may be going against any insurance company.
3. Understanding Your Rights
You should know what rights you have and what legal process you deserve. Suppose, at any one time, you proceed to prosecute a personal injury case. In that case, your lawyer will always keep you posted on the possible outcomes and help you gain fair compensation for whatever suffering you have undergone.
Conclusion
Drivers without a proper license can lead to various legal and financial hassles. They can have criminal and civil liabilities, and even problematic insurance problems may result. All these can be found out beforehand, and knowing how best to protect yourself makes all the difference in adequately managing such issues.
If you are riding with an unlicensed driver, immediate and educated action will be the most helpful to you in regard to navigating the aftermath. Consult Clay Hinds, one of the top attorneys in Tarrant County. He practices in a diverse array of civil matters, including severe personal injury cases. Also, he is a well-experienced personal injury attorney in Tarrant County, having represented multi-million-dollar cases in wide-ranging practice areas.