How to Handle an Accident with Unlicensed Driver?
Statistics show that on average, 5 percent of the fatal crashes are because of unlicensed drivers. As for motorcyclists, the figure goes up to 30 percent. These unlicensed drivers and riders are unlicensed because of disqualification, or they never had a license before. Such drivers drive semi-regularly, but still, pose a great risk to other road users in comparison to licensed drivers.
These statistics show that accidents with unlicensed drivers can be common, so it is important to know your rights if you have an accident with an unlicensed driver.
Driving without a license is unlawful and will attract negligence charges if sued. Just because the driver does not have a license, it does not mean that every accident will find him at fault. Let us say you rear-end an unlicensed driver; then, you are the one liable. You or your insurer will have to pay for the damages caused to the unlicensed driver. It all comes down to how the accident happens.
A problem will arise when it is the other way round. It is where the insurance company of the vehicle they are driving discovers that the driver at the time of the accident was unlicensed. It might take a good auto accident lawyer to make the company pay for the damages.
Insurance companies exclude themselves from such cases where the driver is unlicensed or has a suspended license. In such a case, the driver will have to pay for the liabilities if he was at fault. Considering that most of the unlicensed drivers are teens or they do not have sufficient funds, recovering money for the damages is going to be difficult.
For those who have a comprehensive insurance cover, then the insurer should cover the damages regardless. The insurer will always pay immediately and then attempt to recover the costs from the other party that caused the accident.
If it is personal injury insurance, then the situation can be different. The CTP or comprehensive third party insurance will pay out the claim regardless of who was at fault. The CTP insurance will only cover the injury compensation that the unlicensed driver causes to the victim and nothing more.
Report the accident
In case either party leaves the accident scene before the police get there, it is still important to report the matter to a police station. The police will take up the matter to investigate a case of license offence. It is serious if the driver does not have a license, as it can attract serious fines and imprisonment sometimes.
Yes, it can be traumatic to end up in an accident in the first place. It is even worse when the driver is unlicensed, as you know, getting compensated will be a hard task. To protect yourself, you will need the services of an experienced auto accident attorney. Get one today to ensure you get the best legal representation.