The California Department of Motor Vehicles conducted a study into drivers with no license or licenses that were suspended and revoked and found that these individuals were three times more likely to cause a fatal crash than licensed drivers. It stands to reason that drivers who risk driving without a valid driver’s license will also take other risks, such as driving without insurance, drinking and driving, or fleeing the scene of an accident. If you are hit by an unlicensed driver, it’s essential that you know what to do after an accident. Follow these steps to protect your rights.
Call the Police
The other driver might be urging you not to call the police because they don’t want to get in trouble. Driving without a license or one that is suspended is a crime in California, punishable by up to six months in jail and a $1,000 fine. This crime should be reported to the police so the reckless driver doesn’t hurt anyone else. Having an accident report can also help demonstrate the accident occurred and under what circumstances, easing the process of making an insurance claim.
Seek Medical Attention
You still want to seek medical attention and have your injuries properly diagnosed and treated, even when dealing with an unlicensed driver.
File a Claim with the At-Fault Party’s Insurance
The unlicensed driver might still have insurance despite their lack of licensing. Ask the driver for their personal and insurance information at the scene. If the driver did not have insurance, you can check if there is a different registered owner of the vehicle and if that party had insurance. Under the California vehicle code, it is also a crime to allow an unlicensed driver to drive one’s vehicle. The vehicle owner could be responsible for your resulting injuries.
Establish Fault
Even though your situation involves an unlicensed driver, you will still need to show that the driver caused the accident. This is why you should hire a car accident lawyer after an accident. California is a fault state for car accidents, so the party responsible for causing the accident is financially responsible for the results. Just because the other driver is unlicensed does not necessarily mean they caused the crash. You may need to hire a Carlsbad car accident lawyer show the other driver was responsible for the accident because they were:
- Speeding
- Impaired
- Texting while driving
- Running red lights or stop signs
- Failing to yield the right-of-way
Accident reports, witness statements, and photos of the location of the vehicle damage may help establish fault.
File a Claim with Your Own Insurance Provider
If the other driver was uninsured or underinsured, you may be able to make a Carlsbad injury claim with your policy’s uninsured/underinsured motorist coverage. California requires all insurance companies to offer this insurance, and you should have it unless you expressly waived it.
Look for Other Coverage
It’s possible that other parties may share in fault for the accident. If the at-fault driver was working at the time of the accident, their employer could be responsible. The unlicensed driver may have borrowed someone else’s vehicle, and the owner could be responsible. Someone who provided alcohol to the driver could be responsible under the state’s dram shop laws. An experienced lawyer can help investigate if other coverage may apply.
Seek Legal Assistance
If your claim involves an unlicensed driver, you should get legal help. Miller & Steele has successfully represented over 3,000 clients who were injured by the negligence of others, resulting in over $300 million in settlements and verdicts. We can discuss your legal rights during a free consultation. Call us at (760) 840-5221 or contact us online to learn more.