Can I File a Claim if I’m Hit by an Unlicensed Driver?

Getting into a car accident is a scary and stressful experience no matter how big or small the accident and damages actually are. Luckily, insurance is designed to cover the cost of all or part of the damages and medical bills caused by the accident. When you get into an accident, you exchange information with the other driver and let the insurance companies handle it from there. That’s a great plan unless, of course, you’re part of the roughly 20% of accidents that involve an unlicensed driver. If you’re hit and learn the other driver doesn’t have a license, what’s next?

Does the Driver Have Insurance?

Not every driver who doesn’t have a license is lacking insurance. Ideally, the driver who caused the accident will have insurance information, and you can file a claim that way to receive compensation for damages. Their insurance company may not cover the claim once they learn that the driver was uninsured at the time of the accident, so let’s discuss the next steps.

Do You Have More Coverage Than What’s Required by law?

Only liability insurance is required by law. Liability insurance only covers the bare minimum and will protect you if you cause an accident but doesn’t provide protection against an uninsured driver. If you have a policy that includes extra coverage that isn’t required by law, also known as a full coverage policy, you likely have uninsured motorist coverage. That coverage is used to cover the cost if you’re hit by a driver who doesn’t have insurance to cover the cost themselves. Contact your insurance company right away after the accident to inform them of the damages and find out if your current policy includes uninsured motorist coverage.

Legal Options

Finally, you can contact a lawyer to discuss suing the unlicensed driver that caused the accident. The ability to file a lawsuit and the likelihood of winning that lawsuit will depend on your case’s specifics, so you’ll need to go in for a consultation to discuss the details of the case first. A lawsuit would work to cover the cost of damages and medical costs related to the accident. If you won, the unlicensed driver would pay the court-ordered amount out of pocket since they didn’t have proper insurance and licensing at the time of the accident.

To learn more about covering yourself in the event of an accident with an unlicensed driver, contact Wayne Resmini today! We can schedule a free consultation to discuss your case’s details and help you determine what the best steps are moving forward to get you the compensation you deserve.


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