What Happens if I am in a Car Accident with an Unlicensed Driver?

A car accident can be especially complex if you find out the other driver did not have a valid driver’s license. This happens more often than you may think.

Millions of people everyday drive without a license or on a suspended license in the United States. The danger of them being on the road is not because they lack a driver’s license but rather the reason why they do not have a valid license. These possible reasons could include:

  • Prior DUI convictions.
  • Unable to maintain automobile insurance.
  • Too many moving violations and accumulated too many points on driver’s license.
  • Prior conviction of other criminal offenses that permanently suspended the license.
  • Drivers who have had their license revoked because of a medical condition that could cause an accident, such as seizures.
  • Immigrants who have not obtained a United States driver’s license.

All drivers, whether licensed or not, must act safely and responsibly.

No-Fault Insurance States

New Jersey is a no-fault insurance state, and you will file a claim with your insurance company under your personal injury protection coverage to compensate for medical bills and other losses. You would do this regardless of who caused the accident.

In a no-fault insurance state, you may have the right to sue the at-fault driver, either through the “unlimited right to sue” option or through “limited right to sue.” However, the latter can only be done if you meet certain requirements, such as a catastrophic injury.

Options for Recovering Compensation

Your options to recover your expenses depend on the scenario:

  • Accident with an unlicensed driver in an uninsured car: In this case, the driver likely never had insurance or did have coverage, but it has lapsed. Either way, you would go to your insurance for compensation under your uninsured/underinsured motorist coverage. If your injuries are severe, you could bring a lawsuit against the at-fault driver, but they likely do not have enough funds or assets to compensate you.
  • Accident involved an unlicensed driver in a borrowed vehicle: Insurance follows the vehicle, not the driver, so if your accident involved an unlicensed driver who borrowed a car with permission, you might be able to file a claim with the vehicle’s insurance.
  • Accident involved an unlicensed driver in a borrowed car without permission: If the vehicle was stolen or the unlicensed driver did not have permission to borrow the car, you would have to file your claim with your policy under uninsured/underinsured coverage.

Mount Laurel Car Accident Lawyers at the Law Office of David S. Rochman Advocate for Those Injured by Unlicensed Drivers

If you have been injured by the negligent actions of an unlicensed driver, you may be entitled to compensation. Speak with our Mount Laurel car accident lawyers at the Law Office of David S. Rochman. Call us today at 856-751-2345 or fill out our online form for a free consultation. Located in Mount Laurel, New Jersey, we serve clients in Burlington County and the surrounding areas.