Finding out your car was involved in an accident can be distressing, especially when you discover the driver was unlicensed. Whether you loaned your car to a friend or someone took it without permission, you may be wondering how the accident will affect you.
So, what happens next? If an unlicensed driver has an accident with your car, you may be subject to legal penalties, consequences from your insurer, and financial liability for the crash.
If an unlicensed driver has crashed your car, you shouldn’t be on the hook for the damages they caused. A Kansas City car accident lawyer can fight for your rights and make sure you’re not blamed for the accident.
What Happens if an Unlicensed Driver Gets Into an Accident While Driving Your Car?
If an unlicensed driver gets into an accident with your car, you could face financial liability, consequences from your insurance company, and legal penalties for allowing the person to drive. However, outcomes can vary in the following ways depending on the circumstances:
- Fines: You may be fined for allowing an unlicensed driver to use your vehicle.
- Suspension of registration: Some states may suspend your vehicle’s registration.
- Insurance consequences: Your insurer may raise your rates or even cancel your policy.
- Financial liability: If you knowingly lend your car to an unlicensed driver, and they cause an accident, you may be held financially responsible for any damages.
- Criminal charges: Letting an unlicensed driver use your car usually results in misdemeanor charges.
- Jail time: In some states, you could even face jail time.
What Happens if the Unlicensed Driver Is Not at Fault?
If the unlicensed driver wasn’t responsible for the accident, liability typically falls on the at-fault driver’s insurance. That said, the unlicensed person may still face legal penalties for driving without a license, and if you knowingly allowed them to use your car, you may, too.
Contact our Kansas city personal injury lawyers now.
Will Insurance Cover a Crash Caused by an Unlicensed Driver?
In most cases, insurance policies exclude coverage for unlicensed drivers. This means your insurer is not likely to pay for any damages they cause, especially if you gave them permission to use your car. If the driver did not have your consent, some coverage might still apply, but this will depend on your policy’s terms and the laws in your state.
How Will My Insurance Coverage Be Affected?
If you let an unlicensed driver use your car, and they get into an accident, your insurer may impose the following consequences:
- Claim denial: If the unlicensed driver had your permission, your insurer may refuse to cover the claim.
- Higher premiums: Even if the claim is covered, you may be subject to significant rate increases.
- Policy cancellation: Repeated incidents or serious violations can lead to policy non-renewal or cancellation.
How Can a Car Accident Lawyer Help?
A car accident lawyer can help you get through this complicated situation by:
- Reviewing insurance policies to see what coverage applies
- Negotiating with insurance companies to ensure fair treatment
- Defending you against liability claims if you’re being blamed for the accident
- Filing a lawsuit to recover damages from the at-fault party (if necessary)
What if I Didn’t Know the Driver Was Unlicensed?
If you genuinely didn’t know the person didn’t have a license, the consequences can vary. You may face:
- Insurance denial: Your insurer may still deny coverage if its policy excludes all accidents involving unlicensed drivers. However, if you can show you had no reason to suspect the driver lacked a license, some insurers may handle the claim more leniently.
- Legal liability: Courts may show leniency if it was reasonable for you to believe the driver was licensed. On the other hand, if it was obvious the person had no license (such as a teenager who had never driven), you may still be held liable for a crash.
- Administrative consequences: In some states, you may still face administrative penalties (like registration suspension) simply because your vehicle was involved in an accident with an unlicensed driver, even if you were unaware.
In short, not knowing can help reduce your liability, but it does not necessarily shield you from legal consequences.
What if the Driver Is a Family Member?
If an adult family member without a license borrows your car and gets into an accident, you may still be held liable if you gave them permission to use it. Parents who allow their underage or unlicensed teens to drive may face even harsher consequences since they are directly responsible for supervising their child’s driving.
What if an Unlicensed Driver Steals My Car and Crashes It?
If an unlicensed driver steals your car and gets into a crash, you are generally not liable for any damages they cause. In these situations, your insurance may cover the damage to your own car under comprehensive or collision coverage, depending on your policy. However, proving the car was stolen is critical.
What Are the Legal Penalties for Driving Without a License?
The penalties for driving without a valid license vary by state but may include:
- Fines: The driver may be fined hundreds or even thousands of dollars.
- License points: The driver will have points added to their license.
- Criminal charges: The driver may face misdemeanor or even felony charges.
Can I Sue the Unlicensed Driver for Damages?
Yes, you can sue the unlicensed driver for damages they caused, especially if your insurance refuses to cover the accident. However, recovering money can be difficult if the person has limited financial resources. An attorney can help you determine whether a lawsuit is worthwhile.
What to Do If an Unlicensed Driver Crashes Your Car
If an unlicensed driver has crashed your car, it’s important to follow these steps:
- Call the police: Always file an accident report.
- Document the scene: If possible, take photos of the vehicle damage, injuries, and road conditions.
- Notify your insurer: Report the crash as soon as possible.
- Do not admit liability: Avoid saying anything that could be used against you.
- Consult a lawyer: Reach out to a car accident attorney to go over the next steps.
Contact a Car Accident Lawyer Today
If an unlicensed driver has gotten into an accident with your car, you may be worried about liability and legal penalties. A car accident lawyer from Foster Wallace Personal Injury Lawyers can defend your rights, negotiate with insurers, and, if necessary, take your case to court.
We have recovered over $1 billion for victims and their families. Schedule a free consultation today to learn about how we can assist you in safeguarding your future.
