Can I Still File a Claim Against An Unlicensed Driver?

Vehicle accidents are all too common and can result in severe injuries and expensive repair costs. While it may be easy for some people to file a claim against a driver who injured them, some people find this difficult if the other driver is unlicensed. It has been reported that around 18% of all vehicle accidents every year involve an unlicensed driver. Filing a claim against an unlicensed driver can seem virtually impossible for many people to pursue; however, there are still ways to file a lawsuit against unlicensed drivers. 

What to do After an Accident

A whole range of emotions can be felt after a car accident. Many people are in shock, some are injured, and some may not know what steps to take afterward. If you have been involved in an accident and are unsure of what to do next, follow these steps:

• Remove the vehicles from traffic- After a car accident, try to remove both vehicles from the road in order to avoid inhibiting traffic. If you have flares in your vehicle, it is also beneficial to light them and place them in the area to alert other drivers to the incident. 

• Assess injuries- Check yourself and your passenger for injuries. Any overt injuries will need to be addressed immediately. If you’re able to maneuver out of your car, it is also a good idea to check with the other driver to make sure that they’re okay. 

• Call 911- Even if no injuries can be directly seen, there may still be some. It is important to call an emergency number to have professionals inspect all those involved. They can also help clear debris from the road. 

• Exchange information- While you are waiting for emergency services to arrive on the scene, exchange information with the other person. You can take pictures of each other’s insurance cards, driver’s licenses, and other necessary documents.

• Document the accident- If you are able to, one of the best things that you can do after an accident is to document the damages done to both vehicles. You can also speak to witnesses and record their recollections of events. This documentation is essential for your insurance company and those seeking to pursue a claim.

• Contact an attorney- If you are considering pursuing a claim, many attorneys will advise people to contact them before contacting an insurance company to avoid taking a low settlement. 
• Notify your insurance company- Contacting your insurance provider is a necessary step. They need to be made aware of your accident and will also need to know if you are filing a claim related to the accident. 

Following these steps can help ensure that you are doing everything in your power to get the best outcome for the situation. You will also be situating yourself in a great position if you decide to contact an attorney and file a claim against the other party involved in the accident. 

How to File a Claim Against an Unlicensed Driver

The vast majority of drivers on the road are both licensed and insured; however, there are a small number of people who are unlicensed and are operating a vehicle illegally. There could be many reasons why a person has chosen to drive while unlicensed, including: 

• They had too many points on their license, and it has been suspended.
• Their license is expired, and they never got it renewed.
• They never got a license, to begin with. 

If you decide to file a claim against a driver who isn’t licensed, you need to be sure that they are liable for the accident, meaning that they, alone, caused it. If the other party is liable, you can still move forward with a lawsuit, even if they are unlicensed. 

Filing a claim and pursuing a lawsuit is to cover the damages that the other person caused. This could include external damage to the vehicle or direct damage to you or anyone else involved in the accident. 

Many people may not know how to go about filing a claim against an unlicensed driver, but the process can be pretty straightforward. Some common unlicensed driver situations include:

• They have no license but are insured- Each state requires insurance or proof from drivers that they can pay damages if they cause them. If the driver does have insurance, you can contact their insurance and attempt to file a claim with them. Their insurance company will likely try to refute the claim; however, an attorney can help you get your claim pushed through. 
• They are using a borrowed car- If the unlicensed driver is also not the owner of the car, you can file a claim through the owner’s insurance company. Once again, this may be an uphill battle to pursue legally without the help of an experienced attorney. 

Before moving forward with your claim, it is important to keep in mind your state’s statute of limitations, the time period after an accident where you must file a claim. If you file a claim after that period of time, it is likely to get thrown out. 

If you are within the statute of limitations, an attorney can help you file your claim and handle all necessary paperwork required with your claim. If you need help with your claim or are interested in hearing your options, contacting an experienced attorney can greatly help your case.

Contact an Attorney

If you want to or need to pursue a legal claim to help pay for the damages that the other party caused, contacting a car accident attorney at The Eichholz Law firm is the best way to secure the funds necessary to cover the damages. Hiring an attorney can ease the stress surrounding your accident. They will handle:

• Speaking with insurance companies
• Gathering additional evidence
• Providing valuable advice to you regarding your case
• Representing you in court

Cases involving unlicensed drivers can easily get complex and difficult to pursue legally, which is why hiring an attorney who is familiar with your situation is the best way to move forward. For a free case evaluation, fill out our contact form today.