Getting into a car accident is stressful enough—but finding out that the other driver doesn’t even have a valid driver’s license? That raises the stakes significantly. If you’ve been hit by an unlicensed driver in a car accident, you might be wondering: “Hit by an Unlicensed Driver in a Car Accident”
- Can I still file an insurance claim?
- Who pays for the damage?
- Does this affect my chances of compensation?
In this article, we’ll explain exactly what happens when you’re involved in an accident with an unlicensed driver, your rights as a victim, and what legal steps you should take next to protect yourself.
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Is It Illegal to Drive Without a License?
Yes. Driving without a valid license is against the law in all 50 states. The driver could be unlicensed for several reasons, including:
- They never obtained a license
- Their license is suspended or revoked
- Their license expired
- They were driving underage or with a learner’s permit without supervision
Whatever the reason, driving without a valid license is a criminal offense—and it can have serious implications for both the driver and the accident victim.
Can You Still File an Insurance Claim Against an Unlicensed Driver?
The short answer: Yes, but it depends on whether they have insurance.
🔹 If the unlicensed driver has insurance:
Believe it or not, some unlicensed drivers still carry valid insurance (e.g., a policy under someone else’s name). If this is the case, you can file a claim against their insurance just like you would with any other at-fault driver.
🔹 If the unlicensed driver is uninsured:
Things get more complicated. You may need to rely on your own uninsured motorist coverage (UM) to cover:
- Medical expenses
- Lost wages
- Pain and suffering
- Vehicle repairs or replacement
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What If the Unlicensed Driver Fled the Scene?
In many cases, unlicensed drivers are also uninsured—and they may panic and flee the scene to avoid criminal charges. This turns your case into a hit-and-run, which complicates the situation even more.
If this happens:
- Call the police immediately
- Gather any witness information
- Look for nearby surveillance cameras
- File a claim under your uninsured motorist policy
Your ability to recover damages will likely depend on your own insurance policy unless the driver is later located and held accountable.
Will the Unlicensed Driver Automatically Be Found at Fault?
No. While driving without a license is illegal, it doesn’t automatically make the unlicensed driver at fault for the accident.
Fault still depends on:
- Traffic laws
- Witness accounts
- Police reports
- Crash scene evidence
However, the fact that they’re unlicensed may hurt their credibility—and it may also be used as evidence of negligence, especially if their lack of licensing contributed to the crash (e.g., lack of driving skill, inexperience, or reckless behavior).
Can You Sue an Unlicensed Driver?
Yes. If the unlicensed driver caused the accident and has no insurance, you can sue them personally. However, keep in mind:
- Many unlicensed drivers are also uninsured and financially unable to pay
- A lawsuit may result in a judgment that is difficult to collect
That’s why it’s crucial to: ✔ File a police report
Get the other driver’s information (if possible)
Notify your insurance company
Talk to a personal injury attorney right away
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What Damages Can You Recover After an Accident with an Unlicensed Driver?
If you’re not at fault, you may be entitled to compensation for:
- 💰 Medical expenses (hospital bills, follow-up care, physical therapy)
- 💰 Lost income if you can’t work due to your injuries
- 💰 Pain and suffering and emotional distress
- 💰 Property damage to your vehicle or belongings
- 💰 Future medical needs for ongoing treatment
The challenge lies in how to get paid—whether through your insurance, the other driver’s policy, or a personal injury lawsuit.
Why You Need Legal Help for These Cases
Accidents involving unlicensed drivers can become complicated quickly. You’re likely to face:
- Insurance coverage disputes
- Denied claims
- Delayed investigations
- Confusion about whether to file a lawsuit
An experienced car accident attorney can: ✔ Investigate the accident
Communicate with all involved insurance companies
Help you file a UM claim or personal injury lawsuit
Maximize the amount of compensation you receive
📢 Don’t Handle It Alone—Let Us Help You Recover Damages 📢
What If the Unlicensed Driver Was Driving Someone Else’s Car?
Sometimes an unlicensed driver is operating a friend or family member’s car. In this case:
- You may be able to file a claim against the vehicle owner’s insurance policy, depending on their coverage and consent
- If the owner knowingly allowed an unlicensed driver to use their vehicle, they may be held legally liable for the accident
This introduces additional legal angles, which an attorney can explore on your behalf.
How to Protect Yourself in the Future
Accidents involving unlicensed drivers can be unpredictable—but there are steps you can take to protect yourself financially:
Add uninsured motorist coverage (UM/UIM) to your policy
Review your policy limits to ensure you’re adequately protected
Keep medical payments (MedPay) or personal injury protection (PIP) in place
Talk to your agent about coverage gaps
Final Thoughts: You Still Have Rights After Being Hit by an Unlicensed Driver
Getting hit by an unlicensed driver can leave you feeling frustrated, angry, and unsure about your next steps. But you’re not powerless, and you may still be eligible for full compensation.
Whether you’re dealing with an uninsured driver, a hit-and-run, or an unlicensed teen behind the wheel of someone else’s car—you have legal options. The key is to act quickly and speak to a knowledgeable attorney who can guide you through your next steps.
Key Takeaways:
Driving without a license is illegal—but it doesn’t automatically prove fault
You can file a claim if the unlicensed driver has valid insurance
If they don’t, you may rely on your own UM/UIM coverage
A personal injury lawyer can help you recover damages through every possible channel
Don’t delay—time limits may apply
📢 Get a Free Case Evaluation and Know Your Options 📢
“Hit by an Unlicensed Driver in a Car Accident”
