What Happens if You Get in an Accident Without a License?
Driving without a valid license is against the law in California. If you get into an automobile accident while driving without a license, this can complicate your injury claim. However, being an unlicensed driver does not automatically place you at fault for the accident. It’s important to know how to protect your rights if you find yourself in this difficult situation.
How the Status of Your License Can Affect a Car Accident Case
Fault and liability, or financial responsibility, for an automobile accident in California is based on the cause of the crash, not license status. According to an experienced car accident lawyer in Los Angeles, when an insurance company is investigating a claim to decide who is accountable, it will look at factors such as whether either driver was breaking a traffic law at the time.
The fact that you are unlicensed may or may not play a role in fault determination. If you weren’t breaking any other laws and were not negligent (e.g., driving while distracted or speeding), the other driver could be at fault regardless of your license status. If the other driver caused the accident, he or she will have to pay under California’s fault-based system.
However, you should still expect a car insurance company to try to deny your claim or question your credibility because you did not have a valid driver’s license. Car insurance providers will look for any reason to avoid paying claims. This includes blaming you for the crash simply because you did not have a valid license at the time.
Consequences of Driving Without a License
Even if a car insurance company does not find you at fault for the crash, you could still face adverse consequences for breaking California’s motor vehicle operator laws. The penalties you face will depend on the circumstances surrounding your license status.
If you have a valid driver’s license but simply did not have it on you at the time of the accident, you can most likely show proof of your license to the courts and avoid penalties. If you have a driver’s license but allowed it to expire, this is typically a simple infraction with a fine of about $250.
On the other hand, if you were driving a car as someone who never got a driver’s license or whose license has been suspended or revoked, you could face misdemeanor charges in California. The penalties for this offense can include a fine of up to $1,000 and jail time of up to six months.
How to Handle a Car Accident Case Involving a License Infraction
Fault for a car accident in California depends on negligence, not a driver’s license status. You can still receive financial compensation if the other driver is at fault, even if you were driving without a license. However, you may have difficulty proving your case and recovering the amount you deserve due to your lack of a driver’s license.
Although an insurance company cannot blame you for a car accident simply because you were driving without a valid license, it will most likely use this against you to lower or eliminate your settlement. The most effective way to protect yourself in this situation is by hiring an experienced car accident attorney to advocate for you.
A specialized personal injury lawyer in LA with experience handling accident claims will know how to seek the highest possible settlement or judgment award despite challenges connected to your driver’s license status. An attorney can help you prove that the other driver is at fault, for example, through a comprehensive investigation of the crash and compelling evidence.Don’t let an insurance company take advantage of your license status to avoid paying you a fair settlement. Contact an attorney as soon as possible for assistance with your legal claim.