What Happens if an Unlicensed Driver Has an Accident with My Car?

cartwrightlaw - October 18, 2024 -

If an unlicensed driver causes an accident involving your car, the situation can become complicated, with potential legal and financial implications. While driving without a valid license is a violation of the law, it does not necessarily absolve the unlicensed driver from liability in the event of an accident.

A Vacaville car accident lawyer can help you understand your rights and the steps you should take can help protect your interests and ensure you receive fair compensation for any damages or injuries sustained in the crash. Seek your free consultation today.

Liability for Driving Without a License

All California drivers and those who move to the state are required by law to have a valid California driver’s license.

Driving without a valid license is considered negligent behavior, as it violates traffic laws and regulations designed to ensure the safety of all road users. Violators can be prosecuted under California Vehicle Code Section 12500 VC.

To prove someone is guilty of driving without a license, the prosecutor must establish these facts:

The person was operating a motor vehicle on a public road or highway.
At the time, they did not have a valid California driver’s license.
They did not have a valid exemption from the license requirement.

When an unlicensed driver causes an accident, they can still be held liable for any resulting damages, injuries, or losses incurred by other parties involved. This liability can extend to both the unlicensed driver and the owner of the vehicle, if different individuals.

However, driving without a license does not automatically mean the individual is to blame for causing the accident. The unlicensed driver may not be entirely at fault for the crash. Another driver or party might have caused the accident, and it is always important to have a lawyer examine all potential liable parties.

Driving Without a License in California

As mentioned, in California, driving without a valid license is a violation of the California Vehicle Code and can result in various penalties, including:

Loss of the right to secure a driver’s license
Unlicensed driving can result in fines of up to $2500, depending on the specific circumstances and whether it’s a first or subsequent offense. Second offenders face stiffer penalties.
Vehicle impoundment. The vehicle driven by the unlicensed driver may be impounded for up to 30 days, and the owner may be required to pay impoundment fees and storage costs.
A mandatory minimum jail time of 10 days. In some cases, particularly if the unlicensed driving led to an accident with injuries or fatalities, the offender may face jail time.

It’s important to note that these penalties are separate from any civil liability the unlicensed driver may face for damages or injuries resulting from an accident they caused. Injured victims must take separate action to seek compensation for their losses on the civil side.

Insurance Claims

If you were involved in a car accident caused by an unlicensed driver, you should follow these steps to protect your rights and pursue compensation:

Notify the police and your insurance company about the accident as soon as possible, providing them with all relevant details, including the fact that the other driver was unlicensed.
Seek medical attention and get a prompt diagnosis of your injuries, starting necessary medical treatment right away.
Seek legal assistance. Consider consulting with an experienced car accident attorney, especially if you have injuries.

Your attorney will likely file a claim with any applicable insurance companies and provide them with all the necessary documentation and evidence regarding liability and your losses. The unlicensed driver might not carry insurance, but the vehicle owner’s coverage can apply.

While the insurance company may initially deny or challenge your claim, you still have legal options. Your attorney can help you pursue compensation through a personal injury lawsuit, if necessary.

Remember, driving without a valid license is an offense, and the unlicensed driver can be held responsible for any damages or injuries they cause. By taking prompt action and seeking legal guidance, you can increase your chances of receiving fair compensation for any losses incurred due to the unlicensed driver’s negligence.

Types of Unlicensed Drivers

When an unlicensed driver causes an accident with your car in Vacaville or the surrounding area, it’s important to understand who exactly qualifies as “unlicensed.” While it might seem straightforward, there are actually several types of unlicensed drivers that you should be aware of:

Expired License: Drivers who had a valid license at one point, but it expired, are considered unlicensed. They may not be aware that their license has expired, which can lead to legal issues if they are involved in an accident.
Suspended or Revoked License: Some drivers may have had their license suspended or revoked due to previous traffic violations, DUIs, or other offenses. Driving under these conditions is illegal, and any accident caused by such a driver can lead to severe penalties.
Never Issued a License: Some individuals have never had a valid driver’s license at all. This group can include underage drivers or individuals who have failed to meet the legal requirements to obtain a license.
Out-of-State or Foreign License: In certain cases, someone may hold a license from another state or country that is not recognized in California. Even if they are licensed elsewhere, operating a vehicle in California without the proper documentation is unlawful.

Regardless of the type of unlicensed driver, the consequences can be serious, both for the driver and anyone involved in the accident.

What Are the Consequences of Driving Without a License?

Driving without a valid driver’s license in California, including Vacaville and nearby areas like Santa Rosa, comes with significant legal and financial risks. Unlicensed drivers face a variety of penalties, and if they cause an accident, these penalties are even more severe.

Legal Consequences

Under California law, driving without a license is a violation of California Vehicle Code 12500(a). Depending on the situation, the unlicensed driver may face fines ranging from $250 to over $1,000, community service, and even jail time. The court will also likely impose restrictions on the driver’s future ability to get a license.

Insurance Complications

If an unlicensed driver causes an accident, there’s a good chance their insurance, if they have any, may not cover the damages. Most insurance policies require drivers to hold a valid license in order for coverage to apply. As a result, you may have to cover your own repair costs or medical bills, or pursue compensation through a personal injury lawsuit. This can be a stressful and costly process, particularly if the damages are significant.

Increased Liability for the Vehicle Owner

If someone else was driving your car at the time of the accident, and they were unlicensed, you as the vehicle owner could also face legal consequences. California law holds car owners responsible for who they allow to drive their vehicle. If you knowingly lent your car to an unlicensed driver, you could be held liable for the accident, which may include being sued for damages by other parties involved.

Impact on Insurance Premiums

Even if you weren’t driving, your insurance premiums may go up after an accident involving an unlicensed driver. Insurance companies see any involvement in such incidents as high-risk behavior, which means your rates may increase, even if you were not at fault. Always check with your insurance provider to understand how your policy handles these situations.

FAQs Regarding Accidents with an Unlicensed Driver

Can an unlicensed driver still be held responsible for an accident?

Yes, an unlicensed driver is still responsible for their actions, including any accidents they cause. Their lack of a license doesn’t exempt them from liability, and they will face legal consequences for both driving without a license and causing the accident. However, collecting damages may be more complicated if they lack insurance or assets.

Will my insurance cover an accident if an unlicensed driver was involved?

It depends on your insurance policy and the details of the accident. Some policies may still cover damages, but in many cases, insurance companies deny claims if the driver is unlicensed. You should consult with your insurance company or a personal injury attorney to understand your options and the best way to proceed.

What should I do if I’m in an accident with an unlicensed driver?

If you’re involved in an accident with an unlicensed driver, make sure to follow these steps:

Call the police immediately. They will file an official report and verify the driver’s license status.
Document everything. Take photos of the damage, gather witness statements, and exchange information with the driver.
Contact your insurance company. Let them know about the accident and provide all necessary details.
Consult with a personal injury attorney if needed. You may need legal help to recover damages or pursue compensation, especially if the driver lacks insurance.

Can I sue the unlicensed driver for damages?

Yes, you can sue an unlicensed driver for damages if they caused the accident. However, keep in mind that if they don’t have insurance or significant assets, recovering compensation may be difficult. This is where having a skilled attorney on your side can help you navigate the legal system and explore other avenues for compensation.

Get in Touch With an Experienced Vacaville Car Accident Attorney

If you’ve been involved in an accident caused by an unlicensed driver, don’t hesitate to seek legal assistance. The Cartwright Law Firm auto accident attorneys are dedicated to protecting your rights and ensuring you receive fair compensation for any damages or injuries sustained.