Getting into a car accident is already stressful, but if you were driving without a valid license and got in a crash, it might feel even more overwhelming. Many drivers worry that not having a license will prevent them from receiving compensation, even when they weren’t at fault for the accident. The good news is that, in some cases, you may still be able to file a personal injury claim and get paid. This varies widely by state and insurance coverage, so this article aims to answer common questions from readers injured in accidents while driving without a license and explores how state laws may impact your ability to receive compensation.
Reader Questions About Auto Accidents While Driving Without a License
We’ve had multiple readers write in to ask about filing personal injury claims while driving without a license. In every case, the person driving without a driver’s license did not cause the accident and got hurt.
One says he was driving without a license when another car rear-ended him.
Another says “I was involved in an auto accident for which I was not at fault. However, I did not have current registration, insurance, or a valid license. Myself as well as my two-year-old daughter both sustained mild injuries. I am now left without a mode of transportation and am the sole provider for my family. Is there any possible recourse to pursue compensation despite my minor infractions? I was only cited for no valid license, no proof of insurance at the scene.”
A police officer at the scene will verify your driver’s license and other documents. See which state laws may apply to your case.
Understanding the Risks of Driving Without a Valid License
Driving without a valid license is a serious offense that can have severe consequences. Not only can it lead to fines and penalties, but it can also put you and others at risk of injury or even death. In addition to the legal consequences, driving without a valid license can also lead to increased insurance rates, damage to your driving record, and even jail time.
It’s essential to understand the risks of driving without a valid license and to take steps to ensure that you always have a valid license when operating a motor vehicle. This includes renewing your license on time, addressing any issues that may have led to a suspended or revoked license, and seeking professional legal help if you are facing charges related to driving without a valid license.
Types of Driver Licensing Violations
There are several types of driver licensing violations, each with its own set of consequences. These include:
- Forgetting a valid driver’s license: Simply forgetting to carry your valid license can result in a fine, but it’s usually a minor offense if you can later prove you have a valid license.
- Driving with a suspended or revoked license: This is a more serious violation that can lead to significant fines, license suspension, and even jail time.
- Driving with an expired license: Operating a vehicle with an expired license can result in fines and penalties, and you may be required to renew your license before you can legally drive again.
- Driving with a license that has a restriction or condition that is not being followed: If your license has specific conditions (e.g., corrective lenses required) and you fail to comply, you could face fines and penalties.
Understanding these violations and their consequences is crucial. Always ensure your license is valid and that you comply with any conditions or restrictions to avoid legal trouble.
Consequences of Driving Without a License
The consequences of driving without a license can be severe and long-lasting. Some of the potential repercussions include:
- Fines and penalties: Driving without a license can result in fines ranging from a few hundred to several thousand dollars, depending on the jurisdiction and circumstances.
- License suspension: If caught driving without a license, your driving privileges may be suspended or revoked, making it difficult to commute to work, school, or other important destinations.
- Jail time: In some cases, especially if you have a history of traffic offenses or are involved in an accident, driving without a license can lead to jail time.
- Increased insurance rates: Being caught driving without a license can lead to higher insurance premiums, making it more expensive to own and operate a vehicle.
- Damage to your driving record: A conviction for driving without a license can negatively impact your driving record, making it harder to find employment, rent a car, or obtain other benefits.
Understanding these potential consequences underscores the importance of maintaining a valid license and adhering to all driving regulations.
You Can Still Get Paid in Most States, Provided the At-Fault Driver Has Car Insurance
In most U.S. states, the at-fault driver’s auto insurance policy should cover your car repair and injury-related expenses. This is true even if the injured person who didn’t cause the accident was driving without a license. If the driver that rear-ends you doesn’t have insurance, then you can file a personal injury claim for compensation.
The first reader said he was driving without a license but didn’t mention anything about car insurance. In most cases, driving without a license cannot stop you from claiming a cash settlement if you’re not at fault, though you’re likely to suffer a fine or other penalty for the lack of licensing. (That said, if you lost your license for a DUI conviction, that might make a difference.)
Not sure how to find a qualified lawyer to help with your case? We can match you with someone in your area today who can give you free claim help over the phone.
What Happens If You’re an Unlicensed Driver in A “No Pay, No Play” State?
There are 11 states with specific laws that may affect your ability to claim a cash settlement. Since it’s unclear where these accidents occurred and if the at-fault drivers had insurance, we’ll explain how that works. Driving without a license in these states won’t prevent you from winning an auto accident settlement, but it could lead to having your license suspended.
Even if you are a licensed driver, not having your physical license on hand can complicate matters. However, driving with a revoked or suspended license can have serious legal repercussions. A second offense within a specified time frame results in significantly harsher consequences, including increased fines, potential jail time, and extended license suspensions.
Which States Require/Offer Auto Insurance Policies With Personal Injury Protection?
Personal Injury Protection (PIP) insurance policies typically cover all car repair and injury-related costs, regardless of who caused the accident. That means if another driver rear-ends you in New Jersey, your insurance policy pays for your damages. If you’re driving with a suspended license in one of the below states but have car insurance, then that same rule applies. However, if another car rear-ends you in one of these states and you’re an unlicensed driver or without insurance, you get nothing.
These states either require or offer auto insurance policies with PIP coverage for all licensed drivers:
- Alaska
- California
- Indiana
- Iowa
- Kansas
- Louisiana
- Michigan
- Missouri
- New Jersey
- North Dakota
- Oregon
Having a valid driver’s license is crucial when operating a vehicle to avoid such legal issues. Individual state laws do, however, provide a few exceptions that may allow you to recoup some damages if you possess a valid driving license.
When Can Drivers with a Suspended or Revoked License Sue for Damages in “No Pay, No Play” States?
Generally, there are no state laws that limit your ability to claim compensation just for driving without a license. Below is a summary of “no pay, no play” state laws that apply to uninsured drivers hurt in car accidents:
- Alaska – You can sue for up to $10,000 in small claims court within two years. If the at-fault driver flees the scene, drives recklessly, intentionally hits you or is under the influence, those limits no longer apply.
- California – You can sue for up to $10,000 in small claims court within two years.
- Indiana – You can sue for up to $6,000 in small-claims court within two years.
- Iowa – You can sue for up to $5,000 in small-claims court within two years. Alternatively, a lawyer may get you more than the maximum insurance payout of $20,000 for bodily injury + $15,000 for property damage.
- Kansas – You can sue for up to $4,000 in small claims court within one year.
- Louisiana – Unless the at-fault driver hit you on purpose, drove under the influence, or fled the scene, you’re out of luck. Uninsured drivers must pay $15,000 in medical bills and $25,000 in car repairs before filing a compensation claim.
- Michigan – If you’re uninsured, state law says you cannot sue the at-fault driver for damages.
- Missouri – If you’re uninsured, you can only sue if the at-fault driver was under the influence.
- New Jersey – You cannot sue the at-fault driver for any reason if you don’t have insurance.
- North Dakota – You can sue for up to $5,000 in small claims court within two years.
- Oregon – Oregon’s law is much like Alaska’s, only you have six years to sue for up to $10,000 in small claims court.
Fighting Charges of Driving Without a License
If you are facing charges related to driving without a license, it’s essential to seek professional legal help. A qualified attorney can help you understand the charges against you and develop a strategy for fighting them. Some potential defenses to charges of driving without a license include:
- Lack of knowledge: If you were unaware that your license was suspended or revoked, you might argue that you did not intentionally drive without a license.
- Emergency situation: If you were driving without a license due to an emergency, such as a medical crisis or family emergency, you might argue that you had no other choice.
- Invalid suspension or revocation: If your license was suspended or revoked in error, you might argue that the suspension or revocation was invalid.
A skilled attorney can help you navigate these defenses and work toward a favorable outcome in your case.
Let an Auto Lawyer Help With Your Case!
Don’t let the stress of a car crash keep you from seeking compensation you may deserve. Even if you’re unlicensed, you may still be able to file a claim if you weren’t at fault for the crash. With state laws and insurance policies varying widely, it’s crucial to get legal guidance to protect your rights. Contact us today, and we’ll connect you with an experienced auto accident attorney who can evaluate your case and help you pursue the compensation you need—starting with a free consultation.