Car accidents happen, and sometimes, they involve unlicensed drivers. If you hit an unlicensed driver, here is information to help you understand the legal implications and how it affects you.
What are my legal obligations after an accident?
An unlicensed driver may be breaking the law, but that doesn’t necessarily mean they are at fault for the accident. Here are the steps you should take:
- Stop and Remain at the Scene: The law requires you to stop at your accident scene. Hit and run is a violation of criminal law.
- Check for Injuries: Ensure everyone involved is safe. Call 911 if there are serious injuries.
- Report the Accident: In Washington State, you must report an accident to the police if there are injuries or significant property damage.
- Exchange Information: Collect information from the other driver(s), even if they are unlicensed:
- Name
- Contact information
- Vehicle details (make, model, license plate number)
- Document the Scene: Take photos of the vehicles, the scene, and any visible damages or injuries. This documentation can be crucial later.
- Notify Your Insurance Company: Report the accident to your insurer.
What are the legal implications when I hit an unlicensed driver?
Accident cases concern fault, negligence, and insurance between the cars and drivers involved.
Fault is what matters most. You can face legal and financial repercussions if you are at fault. The other driver’s licensing status does not change this.
- Insurance Consequences: If you are at fault, your auto insurance premiums may increase.
- Legal Consequences: You may be liable for vehicle damages and injuries if you are found at fault. The unlicensed driver and any passengers could sue you for damages, even if the other driver is unlicensed.
Take steps to protect your rights regardless of fault
Take all the steps included in the section above. Specifically, document the car accident thoroughly with photos, witness statements, and the police report. These items are essential in the proof of fault. Just because it seems like you’re at fault doesn’t make it a certainty. Do not admit fault, regardless of how the accident happened. Consider a free consultation with Seattle car accident attorneys to understand your rights and options.
What are the legal implications for the unlicensed driver?
Driving without a valid license is a serious offense in Washington State and carries several legal implications. These things won’t affect the fault for the accident or who is responsible for damages, but it’s helpful to be aware of the consequences of driving without a license, including:
- Traffic Violations: The unlicensed driver will be cited for driving without a license if the police show up. This can result in fines and penalties.
- Insurance Issues:
- No Coverage: Some insurance companies will not cover unlicensed drivers. If the unlicensed driver is found at fault, they may have to pay out of pocket for damages.
- Denial of Claims: Even if they have insurance, the insurance company may deny any claims related to the accident due to the lack of a valid license.
- Potential Arrest: In some cases, they could be arrested, especially if the driver has prior offenses.
- Court Appearance: The unlicensed driver will likely have to appear in court and face potential fines, community service, or jail time.
- Civil Liability: Besides criminal penalties, the other persons involved in the accident could file a civil lawsuit against the unlicensed driver for damages.
How is fault determined in a car accident involving an unlicensed driver?
In Washington State, fault in an accident is determined by the specifics of the incident, not by whether the person has a valid driver’s license.
Several things will play a role in determining which driver is at fault, including:
- Police Report: The responding officer will file a report detailing the accident. This report can be critical in determining fault.
- Evidence and Witnesses: Evidence such as photos, videos, driver statements, and witness statements are essential to determine who is at fault.
- Traffic Laws: Violations of traffic laws by either party will heavily influence fault determination.
- Insurance Adjusters: Insurance companies will conduct investigations to determine fault and will do anything they can to reduce their payouts.
What is comparative negligence in Washington State?
Washington follows a comparative negligence rule, which means that more than one party can be at fault for an accident.
Each party’s level of fault is expressed as a percentage.
For example, if you are found to be 30% at fault for the accident, and the other driver is 70% at fault, any damages you recover will likely be reduced by your percentage of fault (30% in this case).
How do I handle my insurance company if I hit an unlicensed driver?
Insurance companies seek ways to minimize their payout, especially in complex situations.
Insurance considerations play a crucial role when dealing with accidents involving unlicensed drivers. Insurance company claims persons are not your friends. They aim to pay out as little as possible, so thorough documentation and persistence are crucial. Here are some considerations you need to be aware of:
- If you have uninsured/underinsured motorist coverage, this insurance can protect you if the unlicensed driver is uninsured or underinsured. If the unlicensed driver is not insured, you can file a claim with your insurance company under this coverage.
- Insurance companies have some dirty tactics to avoid paying for an accident. Your insurance companies might try to deny claims based on the unlicensed status of the other driver. Don’t let your insurance company use technicalities to minimize their payout; be ready to challenge them if they propose to shortchange you.
- Obtain and provide thorough accident documentation, including the police report, photos, and witness statements. Regularly follow up with your insurance company to ensure your claim is being processed. Do not leave it up to them to do things on time.
- Your insurance premiums could increase after an accident even if you are not at fault. Dispute any unjustified rate hikes with your insurance company.
When should I hire a Seattle personal injury lawyer?
Hiring a Seattle personal injury attorney isn’t always necessary, but it can be incredibly helpful in certain situations following an accident. Here’s when you should consider hiring an attorney:
- Serious Injuries: If you or any passengers sustained serious injuries resulting in significant medical expenses or long-term disabilities that require ongoing medical treatment, Seattle personal injury lawyers can help you navigate compensation complexities that will arise.
- Potential Lawsuits: If the unlicensed driver or their passengers sue you, having legal representation is essential to defend against the claims. If you sue the unlicensed driver for damages, your lawyer can guide you through the legal process and represent your interests in court.
- Disputed Fault: If there is a dispute about who is at fault or if the police report is unclear or assigns partial blame, your lawyer can help gather evidence, present a strong case, give your claim credibility, and challenge wrong findings on your behalf.
- Insurance Company Resistance: Insurance companies may deny your claim or offer a low settlement. Your lawyer can negotiate with insurers to seek fair compensation. Legal expertise is also beneficial when dealing with uninsured/underinsured motorist coverage or other complex insurance issues.
- Emotional Distress and Other Damages: Your lawyer can help you claim compensation for pain and suffering, emotional distress, physical injuries, and other non-economic damages often overlooked in settlements without lawyers.
- Complex Legal Procedures: Personal injury claims involve numerous legal procedures and paperwork. Your attorney can handle these complexities, allowing you to focus on recovery.
Get a Free Legal Consultation if you’ve been in an accident with an unlicensed driver
If you’ve been in an accident, navigating the legal and insurance complexities can be overwhelming. Lawyers who specialize in personal injury cases and are here to help you every step of the way.
You don’t have to navigate this challenging situation alone. Call or write for a free legal consultation. Our experienced attorneys will evaluate your case, explain your legal options, and recommend the best course of action.
FAQs – What happens if you hit an unlicensed driver?
Can I be held liable if the unlicensed driver is at fault?
You can still be held liable even if the other driver is unlicensed. Legal fault is determined based on the specifics of the accident, such as evidence, witness statements, and traffic law violations, not the driver’s license status. It’s crucial to gather comprehensive evidence to support your case.
What steps should I take if I am injured in the accident?
If you are injured in the accident, seek medical attention immediately and keep all your treatment records. Document your injuries with photos and gather evidence from the accident scene. Contact a personal injury attorney to discuss your legal options, ensure your rights are protected, and receive fair compensation for your injuries.
What should I do if my insurance company denies my claim?
If your insurance company denies your claim, review the denial letter to understand the reasons provided. Gather any additional evidence supporting your claim and consider appealing the decision. Consulting with a personal injury attorney can help you navigate the appeals process and negotiate with the insurance company.
What happens if the unlicensed driver flees the scene?
If the unlicensed driver flees the scene, it’s considered a hit-and-run. Fleeing the scene of an accident is a severe offense. Immediately report the incident to the police and provide as much information as possible, such as the vehicle description and license plate number. Your uninsured motorist coverage may help cover the damages, but it is essential to have thorough documentation.
What if the unlicensed driver doesn’t have any identification?
If the unlicensed driver has no identification, you should involve the police immediately. The police can help identify the driver through other means and ensure proper accident documentation. Gather as much information as possible, such as the vehicle’s make, model, license plate number, and witness statements. Get a picture of their license plate and the other driver.
Can my license be suspended if I’m at fault for a car accident?
Yes, your license can be suspended if you are at fault for a car accident, depending on the severity of the accident and the circumstances involved. In Washington State, your license may be suspended if you are found to have committed serious traffic violations, such as reckless driving, driving under the influence (DUI), or if the accident resulted in significant injury or death. Additionally, accumulating too many points on your driving record from traffic violations can lead to a license suspension. To avoid having your license suspended, follow legal procedures, fulfill any court requirements, and seek legal advice to minimize the risk of license suspension.
What happens if an unlicensed driver crashes my car?
You might be held liable for any damages or injuries caused, and your insurance company may deny coverage due to the driver’s unlicensed status. This could lead to significant out-of-pocket expenses and potential lawsuits. It’s crucial to consult with a personal injury attorney before you speak with the insurance company to navigate these challenges and protect your interests.
