What Happens If I Get Hit By An Unlicensed Driver in California?
- You can pursue compensation from an unlicensed driver, but you must prove their fault in the accident.
- Not all unlicensed drivers are uninsured; they may be covered under someone else’s policy.
- If the unlicensed driver is uninsured, you can file a claim under your uninsured motorist coverage.
- An unlicensed driver is not automatically at fault; negligence must be established.
If you were injured in a car accident caused by an unlicensed driver, you have the same legal options as if the accident involved any other driver. If the driver is uninsured, our experienced California car accident lawyers can pursue compensation for you through your uninsured motorist insurance coverage and other avenues. Although driving without a license is a misdemeanor, you must still prove you were injured through the fault of the unlicensed driver to recover damages. We can build a strong case against the driver so you receive full compensation.
- Important Steps to Take After an Accident with an Unlicensed Driver
- Is An Unlicensed Driver Automatically At-Fault?
- Can I Still Seek Compensation if the Other Driver Is Unlicensed?
- Are All Unlicensed Drivers Uninsured?
- What Are My Legal Options if the Unlicensed Driver is Also Uninsured?
- Charges for an Unlicensed Driver Who Hits Someone in California
- Contact Cutter Law for a Free Case Review
Important Steps to Take After an Accident with an Unlicensed Driver
As soon as you are physically able, do the following after an accident involving an unlicensed driver:
- Report the accident to the police.
- Notify your insurance company and the driver’s insurance company if the driver has coverage.Â
- Obtain a copy of the police report. This report provides documentation that the driver was unlicensed.
- Obtain a copy of the driver’s state-issued identification card.
- Take photos of the wrecked vehicles, skid marks, and other damage at the scene.
- Complete your medical treatment. This will create a medical record that documents your injuries and proves your damages.Â
- Save your medical bills, test results, and physician contact information for your attorney.
It is crucial to have an attorney on your side when you are injured by an unlicensed driver, especially if the driver is uninsured. We can guide you through the legal process, perform a forensic accident investigation, and overcome barriers to fair compensation.
Is An Unlicensed Driver Automatically At-Fault?
Driving without a license is a criminal offense in California, but it does not automatically make a driver at fault for an accident. Blame for an accident depends on the events that led to it. Regardless of their license status, the driver must have acted negligently and caused your accident. An unlicensed driver can only be at fault if you can establish the following elements of negligence:
- A duty of care. Drivers have a legal duty to exercise reasonable care, such as following traffic laws and paying attention.
- Breach of duty. The driver breached that duty by violating traffic laws or otherwise engaging in unsafe driving practices.
- Injury. You suffered an injury you would not have suffered but for the breach of duty.
- Proximate cause. The breach of duty—not something else—is the actual cause of your injuries.
Law enforcement often finds that both drivers contributed to an accident, including those involving unlicensed drivers. California’s pure comparative negligence law allows you to pursue damages if you are partly or even mostly to blame. However, your damages will be reduced in proportion to your share of the fault. The unlicensed driver might also pursue damages against you if you were at fault for the accident.
Can I Still Seek Compensation if the Other Driver Is Unlicensed?
Yes, you can seek compensation if the other driver is unlicensed. The compensation you can recover depends on your losses resulting from the accident. The driver’s license status does not affect your right to recover damages. You may be entitled to such damages as the following:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Emotional distress
In general, pursuing damages for an accident starts with filing an insurance claim. If the insurance company refuses to pay fair compensation or the driver is uninsured, we can help you explore additional options.
Are All Unlicensed Drivers Uninsured?
No, not all unlicensed drivers are uninsured. In limited cases, unlicensed drivers can purchase insurance in California, such as when another driver will be driving the vehicle. In addition, another household member’s insurance policy may cover an unlicensed driver. Such coverage is common for teens or young adults who still live with their parents.
However, unlicensed drivers are often uninsured. A driver whose license was revoked or suspended for drunk driving or other violations may be unable to obtain insurance, even as a secondary driver on someone else’s policy. Unlicensed drivers in California can register vehicles in their name but may have difficulty finding an insurance carrier to insure them without a licensed driver on the policy.Â
If an unlicensed driver borrows a car from an insured driver, the vehicle owner’s insurance may be responsible for covering damages caused by the unlicensed driver. However, the insurance company will likely fight such a claim, so having an experienced car accident lawyer on your side is crucial.
What if the Unlicensed Driver Has Insurance Coverage?
If an unlicensed driver has insurance coverage, your first step in obtaining compensation will be to file a claim with the insurance carrier. This applies whether the driver has their own policy or is covered by someone else’s policy.Â
If the driver’s insurance coverage is insufficient to cover all your damages, you may be entitled to file a claim under your underinsured motorist coverage for the difference up to your policy limits.
What if the Unlicensed Driver Does Not Have Insurance Coverage?
If an uninsured driver causes the accident, you can file a claim under your uninsured motorist coverage—if you have it.Â
We can also help you identify other avenues of compensation. For example, we will investigate and look for third parties who caused or contributed to your accident, such as manufacturers of defective vehicle parts, vehicle owners, negligent mechanics, or negligent government entities.Â
You or the unlicensed driver may also own an umbrella policy that provides coverage for any damages not covered by the available insurance.
What Are My Legal Options if the Unlicensed Driver is Also Uninsured?
You may be eligible to file a personal injury lawsuit against the unlicensed driver to recover damages. However, this is only worthwhile if you can collect your damages from the driver.Â
Unlicensed drivers often have limited income and assets to cover a judgment or settlement. However, don’t assume this is the case without consulting with one of our experienced attorneys. We can investigate the driver’s financial situation and determine whether a personal injury lawsuit against the unlicensed driver is worth pursuing. If someone else owned the car the unlicensed driver was driving, you may also be able to file a lawsuit against that individual.
Charges for an Unlicensed Driver Who Hits Someone in California
Unlicensed drivers in California violate California’s Vehicle Code and can face criminal penalties. The case may be charged as an infraction or a misdemeanor. The penalties vary based on whether the unlicensed driver has driven without a license before.Â
Offense | Jail Sentence | Fine | Other Penalties |
First Offense – Infraction | n/a | $250 | Â |
First offense – Misdemeanor | 30 days in jail | $1,000 | Vehicle impoundment |
Subsequent offenses | Six months in jail | $2,000 | Vehicle forfeiture |
A judge can grant probation instead of jail time, but there is still a minimum jail sentence of 10 days for a first-time offender and 30 days for a repeat offender. An unlicensed driver may face more serious charges if the driver causes severe injuries or death in the accident. Anyone who knowingly authorizes an unlicensed driver to use their car can be fined up to $2,000 and may be liable for any harm the unlicensed driver causes.
Contact Cutter Law for a Free Case Review
If an unlicensed driver has injured you, our award-winning personal injury attorneys can handle your legal case and pursue the compensation you deserve.Â
As a family-owned law firm, we understand how important your family is to you and how one person’s serious injuries affect the whole family. We are dedicated to fighting for the highest compensation available and making you feel like family. You can focus on your medical treatment and recovery while we handle everything else, including the following:
- Gathering evidence
- Interviewing eyewitnesses
- Identifying the liable parties
- Filing your insurance claim
- Negotiating a settlement
- Taking your case to trial if necessary
You can count on us to welcome your phone calls, answer your messages, and go out of our way to keep you informed. With hundreds of millions in successful case results since 2015 and over 130 years of combined experience, you can count on us to get you big law firm results with a personal touch. We charge no upfront fees—you only pay us if and when we win.Â
Contact us today to schedule your free consultation.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.
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