Getting into an auto accident is upsetting, but it can be even worse if you find out the other driver shouldn't even have been on the road. If the other driver is unlicensed, it may change how you approach your case, but the end result should be about the same. Here's what you should know.
Unlicensed Driving Doesn't Determine Fault For an Accident
You may think that an unlicensed driver should automatically be at fault for an auto accident. That's not true. It still goes by which driver wasn't driving properly. For example, if you hit an unlicensed driver because you ran a red light, it's your fault for running the red light not their fault for what would have been legal and safe driving if they had a license.
That's not to say that the police won't cite or arrest the unlicensed driver when they get to the scene of the crash. They likely will, but only direct safety violations have an impact on your car accident claim. Unlicensed driving is more of a paperwork issue.
You Should Find Out Why the Other Driver Was Unlicensed
Finding out why the other driver was unlicensed may help your case. For example, did they fail a road test, get suspended for DUIs, or have too many tickets? This information can be hard to find, but your car accident attorney can help.
Just because a driver did something wrong in the past doesn't mean they did something wrong today, so this information isn't always directly admissible in court. However, if they lie about their driving history or claim to be a safe driver, you may be able to use this information to beat their claim.
Unlicensed May Mean No Insurance
If the other driver was unlicensed, their insurance may be invalid even if they paid for it since having a valid license is often a condition of insurance. However, you should always have your attorney verify this rather than taking the insurance company at their word.
Unlicensed Does Not Mean No Money
While many uninsured drivers are uninsured because they can't afford insurance, unlicensed drivers are more mixed. For example, a wealthy person could be suspended for too many speeding tickets. Don't automatically assume that you won't be able to collect if you sue an unlicensed driver until you check to see if they have assets.
To learn more about recovering from an unlicensed driver, contact a local auto accident lawyer today.
