It is against the law to drive without a valid license in California, but that doesn’t stop hundreds of people from doing it anyway. If you get involved in a car accident with an unlicensed driver, it is important to know what to do and what comes next. That way, you can prepare to protect your legal rights.
What Are the Penalties for Driving Without a License in California?
An “unlicensed driver” can mean a teenager who has not yet received his or her license, an older adult who never obtained a license, a person who is operating a special vehicle (such as a motorcycle or commercial truck) without the proper license, an individual with an expired license, or someone with a suspended or revoked license.
Driving without a license in California can be charged as a misdemeanor for reckless driving under Vehicle Code 23103 if it displays a “willful or wanton disregard for the safety of persons or property.” This type of conviction can result in jail or prison time of 5 to 90 days and/or a fine of $145 to $1,000. If driving without a license does not meet the definition of reckless driving, it can still be charged as an infraction.
What Happens in an Accident Involving an Unlicensed Driver?
How Do Insurance Companies Handle Accidents Involving Unlicensed Drivers?
Under California’s fault law, the driver who is at fault for causing a traffic accident must pay for the damage caused. While not having a license is not automatic proof of fault, it can provide strong evidence of negligence by the unlicensed driver. Improper licensure can show that the driver may not have enough knowledge, experience or responsibility to safely operate the vehicle.
If a car accident case involves a licensing offense committed by one of the drivers, this can affect the insurance claims process. An insurance company may deny coverage for accidents caused by an unlicensed driver who is not listed on the policy or drop the driver from the insurance policy. This can interfere with your ability to recover fair compensation through a standard insurance claim.
It is also likely that someone who is willing to drive without a license is also willing to drive without insurance. In this scenario, you will have to seek coverage from your own car insurance provider, regardless of who is at fault. You would need to have uninsured or underinsured motorist insurance to cover your losses in this situation, or else file a claim against a third party.
How to Seek Coverage in an Unlicensed Driver Accident
After an accident involving an unlicensed driver, try to stay calm and collected. Call 911 to report the accident, then exchange information with the other driver while you wait for the police to arrive. If the police discover that the other driver does not have a valid license, this will be noted in the accident report.
Contact your own car insurance company to report the collision. A subsequent insurance investigation will determine whether the unlicensed driver is covered by a car insurance policy. The driver may have borrowed a car from someone with insurance, such as a parent or employer. Insurance is attached to the vehicle, not to the driver.
If the at-fault party does not have enough insurance coverage, you may need to use your own insurance or file a personal injury lawsuit against one or more parties to seek the funds you need. You might have grounds to bring a lawsuit against the individual driver, a company or employer, the government, or a vehicle manufacturer, depending on the circumstances.
Get help from an experienced car accident attorney in San Bernardino to understand your rights in this complex situation. Your lawyer can help you deal with the insurance process after an accident involving an unlicensed driver.