All 50 states require valid driver’s licenses or learner’s permits to get behind the wheel of a motor vehicle. Although it is illegal, many people operate vehicles without valid licenses in California each day. An insurance claim filed after a collision involving an unlicensed driver can be more challenging to navigate. You may need assistance from a Los Angeles car accident attorney.
Legal Consequences
There are several types of unlicensed drivers: underage drivers, adults who never obtained their licenses, people with suspended or revoked driving privileges, individuals with expired licenses, undocumented individuals with licenses from other countries, and senior citizens who no longer have licenses.
Driving without a license is a criminal offense in California that may be charged as an infraction or misdemeanor. As an infraction, the maximum penalty is a court fine of $250. As a class A misdemeanor for “reckless driving,” unlicensed driving could result in fines of up to $1,000 and/or six months in county jail. The driver may also have his or her vehicle impounded for up to 30 days.
Proof of Fault in a Car Accident Claim
The police should always be called to a car accident involving a driver who does not have a valid license. Police involvement can result in a report being filed regarding the crash, which will contain details about the unlicensed driver. This can help you prove to your insurance company that the other driver was not qualified or legally allowed to be operating a vehicle.
While being unlicensed is not automatic proof of fault for a collision, it can highlight the driver’s willingness to engage in reckless acts. If the driver is underage and unlicensed, this could be proof that he or she does not have enough knowledge or experience to properly operate the car. If an elderly driver lost his or her license, this can provide evidence that he or she is unfit to drive.
Lack of Insurance Coverage
Getting into a car accident with an at-fault driver who is unlicensed can lead to a complex insurance claim. In many cases, drivers without licenses also do not have car insurance. Unlicensed drivers may choose not to pay for insurance, or their insurance companies may drop them as policyholders upon discovering that the driver does not have a valid license.
What to Do if the Unlicensed Driver Is Uninsured
If an unlicensed driver is at fault for your car accident in California, it may not be possible to obtain coverage from his or her insurance company. Instead, you may need to rely on your own car insurance coverage. Ask your provider if you have uninsured or underinsured motorist insurance. If so, this can pay for your medical bills and property damage.
If you do not have the necessary type of first-party coverage to pay for your losses after an accident involving an unlicensed driver, holding a third party responsible is another possibility. For example, if the unlicensed driver was operating a vehicle for work purposes at the time of the crash, then the driver’s employer may be held financially responsible.
If someone else owns the vehicle that the unlicensed driver was operating, this individual’s car insurance can cover the collision. In addition, parents can be held vicariously liable for the actions of their unlicensed teenagers. An experienced car accident lawyer can investigate your case to explore all legal possibilities. Contact an attorney about your legal options for more information.