Drivers throughout California expect others to follow the law and have some idea of what to do after an accident. However, you may wonder, “What happens if an unlicensed driver has an accident with my car in California?” The reality is their lack of a license is likely to lead to penalties from the state, but it may not change very much in terms of your recovery options.
What Happens If An Unlicensed Driver Has An Accident With My Car in California?
It is illegal to operate a motor vehicle without a license in California. If an unlicensed driver is responsible for causing your recent accident, they are liable for any damages they caused and will likely be charged with operating without a license. However, this criminal case from the state will be completely separate from your civil case seeking compensation for your damages.
You must still prove fault for the accident in order to recover compensation for your damages. An experienced car accident attorney in California can help you gather various forms of evidence as well as witness testimony that can help you prove fault for the accident and ensure accountability for the unlicensed driver. Once you prove fault, filing an auto insurance claim is likely to be your first option for recovering compensation.
Resolving Your Unlicensed Driver Accident Case
Most unlicensed drivers do not have insurance as most insurance carriers require a license for an individual to qualify for a policy, but it is possible. Alternatively, if the unlicensed driver was operating someone else’s vehicle, the vehicle owner’s policy will apply to the accident the unlicensed driver caused. This could also lead to penalties for the vehicle owner; their insurance company may increase their rates if they let an unlicensed driver use their covered vehicle.
If you cannot recover compensation for your damages through auto insurance, you will need to file a personal injury case against the unlicensed driver who hit you. In California, the plaintiff in a personal injury case has the right to seek compensation for:
- Vehicle repair costs and other property damage not covered by insurance.
- Medical expenses, including the cost of any future treatment they need to care for serious injuries.
- Lost wages, as well as lost future earning capacity, if they are left unable to work in the future due to the severity of their injuries.
- Pain and suffering compensation. You have the right to seek compensation for the physical pain and psychological distress you experienced because of the defendant’s negligence or misconduct.
Your car accident lawyer can help you maximize your recovery. You will need an attorney’s help to navigate any potentially complex insurance-related issues you face in the aftermath of an accident caused by an unlicensed driver. You will also need legal counsel to maximize your chances of success with your personal injury case.
Ultimately, the recovery process following an accident caused by an unlicensed driver may not vary much from what you could expect after a licensed driver caused an accident. Easton & Easton has years of experience helping California clients resolve complex accident cases, so if you are unsure what to do after an unlicensed driver has hit you, contact our team right away to learn how we can help.
FAQs
Q: What Should You Do First After a Car Accident in California?
A: The first thing to do after a car accident in California is call 911 to report the accident. Having a police report on file is crucial, especially if an unlicensed driver hits you. You will need as much evidence as you can secure to hold them accountable for the damages they caused. Once you receive medical care for your injuries, reach out to an attorney who can help you recover compensation for your damages.
Q: Does Insurance Follow the Driver or the Vehicle in California?
A: In California, insurance follows the vehicle, not the driver, with very few exceptions. This means that if someone lets another person borrow their vehicle, they are essentially letting them borrow their insurance coverage as well. If an unlicensed driver does not have insurance but is driving someone else’s car, the owner’s insurance will apply if the unlicensed driver causes an accident.
Q: Do I Need a Lawyer to File an Auto Insurance Claim in California?
A: You need a lawyer to file an auto insurance claim in California if you want to have the greatest chance of success with the claim. Insurance companies will almost always look for ways to fight back against claims and may try to use your own words against you. Having an attorney’s help makes filing your claim easier, and your attorney can ensure you are treated fairly.
Q: How Much Compensation Can I Claim for an Unlicensed Driver Accident?
A: The amount of compensation you can claim for an unlicensed driver accident will depend on the severity of your injuries. In any car accident case, the at-fault driver is liable for the damages they cause to others. Your attorney can help you understand what to expect when it comes to building and filing your case and determining the full scope of the damages you are eligible to claim.
Q: Can I Be Partially at Fault for an Accident With an Unlicensed Driver?
A: Yes, it is possible for you to be partially at fault for an accident with an unlicensed driver. If you are found partially liable, California’s pure comparative negligence law applies to your case, and you will lose a percentage of your case award to reflect your shared liability. If you have any concerns about bearing partial fault for an accident in California, you need to consult an attorney.
The attorneys at Easton & Easton have years of experience representing car accident victims throughout California, and we know the unique legal issues you might encounter if an unlicensed driver causes an accident. Our goal for every client is maximum recovery, so if you believe you have grounds to file a case, contact us today and schedule a free consultation with our team.
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