Not having a driver’s license does not automatically make a driver at fault for a California auto collision. However, if their actions caused the car accident, they may be responsible for the damages.
If an unlicensed driver hits you and you don’t know what to do, this article will help you determine your legal rights as an injured victim of the collision.
Who Commonly Drives Without a License?
In 2021, there were 27,112,595 licensed drivers in California. Among the 39.5 million California residents, the estimated child population was 8,947,160. From this, there were at least 3,440,245 unlicensed adults within the state in 2021.
With the high number of unlicensed drivers in California, there are also many traffic accidents involving drivers without licenses. A study by the AAA Foundation for Traffic Safety revealed that almost 20% of all car accidents are attributed to drivers who do not possess a valid driver’s license.
If you are driving in California, you may encounter several drivers without license, including:
- Unlicensed Drivers: Individuals who still drive a car but have never received a driver’s license.
- Suspended Drivers: License holders with privileges temporarily suspended or permanently revoked who drive.
- Underage Drivers: People who operate a vehicle but are younger than the minimum age required to receive a driver’s license.
- Immigrants Without the Required Documentation: If an immigrant is undocumented or unable to obtain a valid driver’s license, they may operate a vehicle without a valid license.
- Those with Expired Licenses: Motorists who allow their licenses to lapse and continue driving without renewing them.
Remember that driving without a license is prohibited and can have serious consequences, such as fines, car impoundment, and other legal issues. Before operating a vehicle, be sure your driver’s license is current and valid.
What Does the California Law Say About Driving Without a License?
In California, drivers must have a valid driver’s license to operate a vehicle. Under California Vehicle Code 12500, an individual can’t drive a motor vehicle on a highway without a valid driver’s license.
If you fail to comply, the violation can be a misdemeanor, punishable by several legal consequences, such as:
- Fines up to $250 (if you have a license but didn’t bring one)
- Fines amounting to $1,000 (without any valid driver’s license)
- Up to six months in county jail
Lost Driver’s License
Moreover, if you lose your license, you may face the consequences mentioned above. You should report and replace your license immediately after losing it. To do so, you may follow the steps below:
- Apply for a new California driver’s license by completing the appropriate application form. If you are a minor, ensure your parent or guardian signs the form.
- Visit a local DMV office to complete the application process, where you will pay a $30 licensing fee.
- During this visit, you will undergo identity verification by taking a photograph and scanning your thumbprint.
- To expedite the process, consider making an appointment or checking the waitlist time beforehand.
Note that no proof of identification documents are necessary if you are not converting to a REAL ID. However, if you are converting to a REAL ID, be prepared to provide proof of identity, your Social Security number, and two proofs of California residency.
Can I File a Car Accident Claim for an Accident with an Unlicensed Driver?
Generally, a driver who negligently acted, resulting in a collision, should be liable for the damages. This means that their insurance provider should cover the expenses of the crash in California. However, you must prove that their actions directly caused the collision.
The following elements can demonstrate negligence in a California auto collision:
- The driver had the responsibility of ensuring everyone’s safety.
- They failed to fulfill this duty.
- The breach resulted in a crash.
- The accident caused injuries and other damages.
So, if the unlicensed driver commits another violation, such as speeding, that caused the car accident, you may file a claim to receive compensation for the damages. On the other hand, if you are at fault in the crash, you are responsible for the damage expenses, regardless of whether the other driver has a valid license or not.
Who is Liable for a California Auto Collision with an Unlicensed Driver?
Several factors may come into play when determining liability in a car accident with an unlicensed driver. In most cases, the following parties may be responsible for the crash:
The Unlicensed Driver
A driver who does not possess a driver’s license is not always to blame for a car accident. However, they can be liable for the damages if their actions resulted in the vehicle collision.
For example, a driver without a license was speeding and beat the red light. You were already crossing the road at this time since you had the green light. As a result, you were involved in a car accident with an unlicensed driver.
In this case, since the auto collision resulted from the unlicensed driver’s speeding and beating the red light violation, they may be liable for the damage costs of the crash.
Remember that unlicensed drivers are not automatically at fault for vehicle crashes. It is best to contact a California auto collision lawyer who can assess the facts of the case and determine if the unlicensed driver is responsible for the crash.
Car Owner
In some cases, another party, such as the car owner, can also be responsible for the car accident with the unlicensed driver.
Negligent entrustment is a legal principle that allows a car owner to be liable for an accident even if they were not physically present at the crash. This body of legal law applies when a car owner grants access to an individual who is:
- under the influence of alcohol or drugs
- banned from driving by law
- Underage driver without a valid license or driving permit
For example, a teen driver without a license hits you since they were distracted with their phone during the crash. In such an instance, the parent who owns the car can be responsible for the car accident.
However, note that there are cases where the car owner can be free of liability. If the unlicensed driver did not have permission from the car owner to drive the vehicle and ended up in a car accident, the driver should cover the expenses of the crash.
Since it may be challenging to determine liability in a car accident with an unlicensed driver, it is crucial to contact a California auto collision lawyer immediately. They can help determine if you are entitled to compensation and gather evidence to prove the other driver’s negligence in the car accident.
Are Unlicensed Drivers Always Liable for a Car Accident?
Remember that a driver is not always at fault in a car accident just because they do not have a driver’s license. You should prove that their actions directly caused or contributed to the collision to hold them accountable for the damages.
Moreover, if you are partly responsible for the car accident, you may still have the right to file a California auto collision claim. Under comparative negligence, you may file a personal injury claim regardless of how much you contributed to the accident. However, your settlement will be reduced depending on the damages you caused.
For example, a speeding, unlicensed driver hits you. During the crash, you were not wearing a seatbelt, which made your injuries worse. If the court finds you 15% liable for the collision, you may receive 85% restitution. Meanwhile, the unlicensed driver can also claim 15% restitution.
It is highly recommended that you contact a California auto accident attorney if you face similar cases. They can help you identify the total damages and calculate the fair compensation you deserve.
What Happens if the Unlicensed Driver Doesn’t Have Insurance?
When obtaining auto insurance, you must have a valid driver’s license. There is a high chance that drivers without valid licenses don’t also have insurance to cover the damages.
If the unlicensed driver who caused the accident has no auto insurance policy, you may use your insurance coverage to pay the damages. Uninsured Motorist coverage can help cover your medical bills, property expenses, and other damages included in the policy.
A California car accident attorney can assist in determining the legal options suitable to your situation if the unlicensed driver doesn’t have insurance.
Lawyer’s Tip: When computing the total compensation, you may consider several damages, including economic and non-economic losses. A car accident lawyer will assist in quantifying the intangible damage and include it in your payout.
How Can a California Auto Collision Lawyer Protect My Rights?
Some accident victims tend to avoid filing a case against an unlicensed driver without knowing their rights as injured victims. Unfortunately, this will leave you with hefty damage expenses, such as medical bills and property damage costs.
A California auto collision lawyer can protect your legal rights by building a personal injury case and fighting for maximum compensation to cover the costs. They can also do the following to win your case:
- Gather proof to bolster your case.
- Determine the liable party’s responsibility.
- Evaluate the complete scope of the harm.
- Communicate with the insurance provider.
- Proceed to a trial if needed.
Why Should I Hire Legal Experts from Jacoby & Meyers?
At Jacoby & Meyers, our unwavering commitment to aiding accident victims in securing the justice they deserve remains firm. We actively contribute to our communities by facilitating access to vital medical care for those affected by accidents.
Our legal team has streamlined an effective process to ensure you are well informed about your legal rights and receive the justice you are rightfully owed. Our dedicated team of legal professionals delivers outstanding service by:
- Maintaining transparent and open communication throughout the entire duration of your case.
- Skillfully negotiating with insurance companies to obtain fair and equitable compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your healthcare provider.
- Providing support for any other concerns related to your accident to alleviate your anxieties.
- Protecting your legal rights by establishing liability, assessing the extent of damages, and advocating tenaciously for your claim.
We offer a free consultation where you can receive legal guidance from California car accident attorneys. To explore your legal options, contact us at 800-500-0000.
Jacoby & Meyers. Because You Deserve Justice.
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Works Cited
“\/.” YouTube, 16 June 2023, https://casetext.com/statute/california-codes/california-vehicle-code/division-6-drivers-licenses/chapter-1-issuance-of-licenses-expiration-and-renewal/article-1-persons-required-to-be-licensed-exemptions-and-age-limits/section-12500-drivers-license-requir. Accessed 6 December 2023.
“\/.” YouTube, 16 June 2023, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=19.8. Accessed 6 December 2023.
Carlier, Mathilde. “Total number of licensed drivers in the U.S. by state.” Statista, 14 March 2023, https://www.statista.com/statistics/198029/total-number-of-us-licensed-drivers-by-state/. Accessed 6 December 2023.
“Child Population, by County.” Kidsdata.org, https://www.kidsdata.org/topic/32/child-population/table. Accessed 6 December 2023.
“Comparative Negligence: Definition, Types, and Examples.” Investopedia, https://www.investopedia.com/terms/c/comparative-negligence.asp. Accessed 6 December 2023.
“Definition: negligent entrustment from 15 USC § 7903(5)(B) | LII / Legal Information Institute.” Law.Cornell.Edu, https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=15-USC-90778818-1486809468&term_occur=1&term_src=title:15:chapter:105:section:7903. Accessed 6 December 2023.
Hawk, Thomas, and Jo Jorgensen. “California.” Data USA, https://datausa.io/profile/geo/california. Accessed 6 December 2023.
“Unlicensed to Kill | AAA Foundation for Traffic Safety.” ADTSEA, https://www.adtsea.org/webfiles/fnitools/documents/aaa-unlicensed-to-kill.pdf. Accessed 6 December 2023.
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