What Happens if You Are in an Accident With an Unlicensed Driver?
Being involved in any car accident is a stressful experience. However, it can be even more stressful if you are hit by an unlicensed driver. An accident with an unlicensed driver can raise many concerns and questions. You may wonder, “If the other driver was not legally allowed to be driving a vehicle, how will that impact my car accident claim?” You may wonder if you can recover compensation for your injuries and damages if the driver who hit you does not have a valid license. Usually, in car accident cases, the at-fault driver’s insurance company pays for the other party’s injuries and damages. However, if the driver who hit you does not have a valid license, it can complicate the situation. Below, we shed more light on what happens when you are in an accident with an unlicensed driver.
Unlicensed Drivers vs. Uninsured/Underinsured Drivers
A crucial thing to understand is that an unlicensed motorist is not the same as an uninsured or underinsured driver. However, all these drivers can cause similar problems. Both cases involving an unlicensed or uninsured/underinsured driver can be complex. An unlicensed driver is one who operates a vehicle without a valid driver’s license. This may be because their license expired, was suspended or revoked, or they have never obtained a license. On the other hand, uninsured/underinsured drivers don’t have insurance coverage or have coverage that is insufficient to cover the damages incurred in an accident.
Unlicensed Drivers and Liability After a Car Accident
Being an unlicensed driver does not automatically mean that the driver is liable for the accident. Fault is not based on whether a driver has a valid license. It is based on whether the driver acted negligently. If the unlicensed driver acted negligently, they will be deemed liable for your accident. Negligence entails failing to act with a level of care that a reasonable person would have exercised under similar circumstances. Common examples of negligent acts that motorists engage in include speeding, distracted driving, drunk driving, drowsy driving, and running a red light. Witness statements, photos of the accident scene, police reports, surveillance footage, and other pieces of evidence can help establish negligence.
Can I Recover Compensation if I Was Hit by an Unlicensed Driver?
Insurance claims get complicated when an unlicensed driver is involved. Most insurance companies require a driver to have a valid license to operate the covered vehicle. Therefore, there is a high chance that the unlicensed driver’s insurance company may not cover your damages. Also, many unlicensed drivers don’t carry insurance or have insufficient insurance. If an unlicensed motorist hits you and they don’t have insurance or have insufficient coverage, it may be challenging to recover compensation from them. However, if you have uninsured/underinsured (UM/UIM) motorist coverage, you can file a claim with your insurance company.
It is vital to note that Kentucky is a no-fault state. If an unlicensed driver hits you, your PIP coverage can cover some of your damages.
Contact a London and Southeast Kentucky Auto Accident Attorney
If you were hit by an unlicensed driver, our London and Southeast Kentucky auto accident attorneys at Cessna & George Law Firm can help. Contact us today to schedule a consultation and discuss your case.
