What Happens if an Unlicensed Driver Causes a Car Accident?

When an unlicensed driver causes an accident, it can impact insurance coverage, liability, and your ability to recover damages. The unlicensed driver will undoubtedly face criminal charges since driving without a license is illegal.

The key question for victims in these accidents will be which insurance coverage may apply and how the driver’s unlicensed status could affect it. Our Albany car accident lawyers can help answer this question for your case.

Understanding Unlicensed Drivers and Car Accidents

An unlicensed driver operates a vehicle without a valid driver’s license. This could be because:

• Their license was suspended or revoked.
• They never obtained a license.
• Their license expired and wasn’t renewed.
• They’re driving with a license from another country that isn’t valid in the U.S.

When an unlicensed driver causes an accident, it can impact insurance coverage, liability, and your ability to recover damages. The reason why the driver was unlicensed may play a role in whether or not insurance will cover the accident.

How Unlicensed Driver Accidents Affect Insurance Coverage

Here’s how an unlicensed driver in an accident affects insurance coverage in our major practice areas.

New York

New York is a no-fault insurance state. This means that regardless of who caused the accident, your own insurance company should cover your medical expenses and lost wages up to your policy limits. However:

• If the unlicensed driver was operating a vehicle they own, their insurance company might deny coverage due to the driver’s unlicensed status.
• If the unlicensed driver was using someone else’s car with permission, the car owner’s insurance might cover the accident under permissive use.

New Jersey

New Jersey allows drivers to choose between no-fault and traditional insurance. If you have no-fault insurance, your own insurance will cover your medical expenses regardless of fault. For additional damages, you may need to make a claim against the unlicensed driver’s insurance, if any.

If you have traditional insurance, you can file a claim against the at-fault driver’s insurance (if they have any) or pursue them directly. The car owner’s insurance might provide coverage if the unlicensed driver was in a borrowed car.

Pennsylvania

Pennsylvania is a choice no-fault state, similar to New Jersey. The impact of an unlicensed driver accident depends on your insurance choice:

• With no-fault insurance, your own policy covers your medical expenses.
• With traditional insurance, you can pursue a claim against the at-fault driver or their insurance.
• If the unlicensed driver borrowed the car, the owner’s insurance might cover the accident under permissive use.

When Insurers Try to Deny Coverage for Accidents with Unlicensed Drivers

Insurance companies are in the business of minimizing payouts, and they may try to deny coverage when an unlicensed driver is involved in an accident. They may assert that the unlicensed status automatically makes the driver uninsured.

In New York, New Jersey, and Pennsylvania, your own insurance should cover your immediate medical expenses under Personal Injury Protection (PIP) coverage, regardless of the other driver’s license status.

Also, if you have uninsured motorist coverage, it should apply if the unlicensed driver is truly uninsured. This is claimed through your own insurance. The other driver’s insurance may also be forced to pay you under vicarious liability laws. Our firm can find out if these apply to your case.

How to Protect Your Rights After an Accident with an Unlicensed Driver

If you are in an accident with an unlicensed driver, the procedure is largely the same as with a licensed driver:

1. Call the police immediately. A police report is crucial, especially when dealing with an unlicensed driver. 
2. Gather as much information as possible, including the driver’s name, contact information, and the vehicle’s registration details.
3. If the unlicensed driver flees the scene and doesn’t turn over information, stay at the scene and report this to the police.
4. Take photos of the accident scene, vehicle damage, and any visible injuries.
5. Seek medical attention, even if you feel fine. Some injuries may not be immediately apparent.
6. Contact your insurance company to report the accident.
7. Contact a car accident lawyer in your state to discuss your legal options.

Legal Consequences for Unlicensed Drivers

It is illegal to drive a vehicle without a license. Unlicensed drivers face serious legal consequences in all three states:

• Criminal charges for driving without a license
• Fines and potential jail time
• Difficulty obtaining a license in the future
• Increased civil liability in the accident claim

How Morelli Law Firm Can Help

Morelli Law Firm has a proven track record of securing substantial compensation for our clients, with over $1 billion recovered since 1998. While you recover from your injuries, Morelli Law Firm can:

• Investigate the accident and gather crucial evidence.
• Identify all possible sources of compensation.
• Handle the complexities of insurance claims in your state.
• Pursue legal action against the unlicensed driver if necessary.
• Negotiate with insurance companies on your behalf.
• Represent you in court if a fair settlement can’t be reached.

Hold Unlicensed Drivers Accountable

If you’ve been injured in an accident caused by an unlicensed driver, contact Morelli Law Firm today. You may need help persuading the insurance company that you’re owed damages even though the other driver was unlicensed.

Getting compensation directly from the unlicensed driver can be like getting blood from a turnip. Don’t let the insurers wriggle out of their responsibility to cover an accident. Morelli Law Firm is here to help you. Call now.