If you let an unlicensed driver use your car and they get into an accident, you will have problems. The insurance company may deny your claim. You could end up responsible for the accident. You need to know what you’re up against and protect yourself.
What are the legal consequences of letting an unlicensed driver use my car?
Allowing an unlicensed driver to use your vehicle can put you in a complex legal position. You should verify that anyone driving your car has a valid license.
Understanding these legal implications can help you make informed decisions and avoid the situation altogether:
- If you knowingly allow an unlicensed driver to use your car, you could be liable for any accidents or damages they cause. As the car owner, you are responsible for ensuring that anyone driving your vehicle is properly licensed.
- You could face fines and penalties for permitting an unlicensed driver to operate your vehicle. RCW 46.16A.520
- If the unlicensed driver causes an accident, the other party could sue you for damages.
- Allowing an unlicensed driver to use your car can result in criminal charges, especially if the driver causes a severe accident or injury. Violation of the statute is a misdemeanor.
What happens if the unlicensed driver is at fault vs. not at fault?
If an unlicensed driver crashes your car, the consequences could be significantly different depending on whether or not they’re at fault.
What if the unlicensed driver is at fault for the car accident?
If the unlicensed driver is deemed at fault for the accident, the consequences can be more severe:
- Financial Liability for Damages: As the owner, you could be held financially responsible for any damages caused by the unlicensed driver, including damage to other vehicles, property, and medical expenses for injuries.
- Impact on Insurance Premiums: Your insurance premiums will likely increase significantly, and your insurance company may refuse to cover the damages, citing the driver’s unlicensed status as violating the policy terms.
- Potential Fines and Penalties: Both you and the driver could face fines and penalties. They could be fined for driving without a license, and you could be fined for allowing an unlicensed driver to operate your vehicle.
- Legal Actions Against the Unlicensed Driver: The other party involved in the accident could sue you and the unlicensed driver. The likelihood of getting sued increases if the accident causes severe injuries or significant damages.
What happens if the unlicensed driver is not at fault?
The situation is different if the unlicensed driver is not at fault for the accident, but it’s still not good.
- How Liability is Determined: The fault is assigned to the driver(s) who caused the accident, regardless of the unlicensed status of your driver. Washington is a comparative negligence state. This means that fault can lie entirely with one person, or fault may be spread among several people.
- Impact on Claims Against the At-Fault Party: You can still file a claim against the at-fault party’s auto insurance for damages and injuries. However, their insurance company may attempt to reduce liability by pointing out the unlicensed status.
- Insurance Considerations: Your insurance company can still penalize you with a premium increase or cancellation for allowing an unlicensed driver to use your vehicle (car or motorcycle).
What happens if the unlicensed driver is insured vs. not insured?
The insurance status of the unlicensed driver will greatly impact how the situation unfolds.
Here’s what you need to know about both scenarios:
What happens if the unlicensed driver is insured?
Even if the driver is unlicensed, having insurance can mitigate some of the consequences:
- The driver’s insurance policy could provide some coverage for damages and injuries. However, some insurance policies have clauses voiding coverage if the driver is unlicensed.
- The insurance company will process the claim if coverage applies, but it will face additional scrutiny and delays.
- Insurance companies are notorious for finding reasons to deny claims, and the driver’s unlicensed status could be a significant sticking point. Be prepared for potential disputes and denials, and consider consulting with personal injury attorneys to help you navigate these complications.
What happens if the unlicensed driver doesn’t have insurance coverage?
If the driver is uninsured and unlicensed, the situation becomes more challenging:
- As the vehicle owner, you can be held financially responsible for all damages and injuries caused by the accident, including repair costs, medical bills, and other associated expenses.
- The other party involved in the accident could sue you personally, especially if the damages are extensive.
- You might be able to file a claim under your insurance policy, such as collision coverage or uninsured motorist coverage. Still, your insurance premiums will likely increase, and the insurer may seek reimbursement from you for any payouts made.
What steps do I need to take as the vehicle owner?
If an unlicensed driver crashes your car, you must take several steps to protect yourself and manage the situation effectively.
By following these steps, you can better manage the aftermath of an accident involving an unlicensed driver and protect yourself from further legal and financial complications.
- Contact the Police and File a Report: Call the police immediately to report the accident and ensure a formal accident report is filed.
- Collect Evidence and Witness Statements: Gather as much information as possible from the scene, including photos of the accident scene, vehicle damages, injuries, and contact information for any witnesses.
- Notify Your Own Insurance Company: Report the accident to your insurance company immediately. Be honest about the driver’s unlicensed status and provide them with all the evidence and the police report.
- Consult with a Personal Injury Attorney: Given the complexities involved, complete a free consultation with a personal injury firm at a bare minimum.
- Avoid Admitting Fault or Making Uninformed Statements: Do not admit fault or make statements that any insurance company can use against you. Let the police and insurance companies handle the investigation and determination of fault.
How will my insurance company respond?
Dealing with insurance companies after an accident involving an unlicensed driver will be painful. Here’s how your insurance company is likely to respond:
- Your insurance company will investigate the accident. They will review the police report, witness statements, and evidence you provide. Expect them to scrutinize the driver’s unlicensed status and use it to complicate the claim process.
- The claim may significantly increase your premiums. Allowing an unlicensed driver to operate your vehicle can be considered a violation of your policy terms, leading to coverage complications. Sometimes, your insurance company might choose not to renew your policy due to the increased risk.
- Your insurance company may deny your claim, citing the driver’s unlicensed status. In some cases, they may offer partial coverage but still hold you responsible for a portion of the damages. The insurance company might pay if the driver was insured and coverage is applicable.
- If your claim is denied, you can appeal the decision. This process often requires providing additional evidence or clarification. Experienced Seattle personal injury attorneys can assist you in disputing the insurance company’s decision and negotiating a fair settlement.
When should I hire a Seattle personal injury lawyer?
The aftermath of an accident involving an unlicensed driver can be complex. You should consider hiring a lawyer if:
- Your insurance claim is denied or if you face disputes with your insurance provider.
- The accident results in substantial property damage or severe injuries.
- You are sued by the other party involved in the accident
- Determining fault is complicated or contested.
Seattle personal injury attorneys specialize in handling cases involving accidents, insurance claims, and liability issues. They are experienced in negotiating with insurance companies and representing clients in court and can provide valuable advice and representation to protect your rights. Here’s how legal representation can help:
- Seattle personal injury lawyers can negotiate to ensure you receive a fair settlement from the insurance company.
- Car accident attorneys understand the tactics insurers use to minimize payouts and can counteract these effectively.
- If the case goes to court, your lawyer will represent you, presenting evidence and arguments to support your case.
- Lawyers can advise on your legal options and the best course of action based on the specifics of your case.
- They will manage all legal paperwork and procedures, ensuring everything is filed correctly and on time.
- Attorneys will work to protect your interests, whether it involves negotiating settlements, handling disputes, or representing you in court.
Contact a personal injury attorney today.
Personal injury attorneys specialize in handling complex personal injury cases and can provide the guidance you need during these difficult times. Taking preventative measures, such as ensuring that anyone driving your vehicle has a valid driver’s license, can save you from a lot of trouble down the road.
If you are in this situation, don’t hesitate to ask for professional assistance. Call or write today for a free consultation and case evaluation with a Seattle personal injury attorney to discuss your case and explore your options.
FAQs – What happens if an unlicensed driver crashes your car?
What happens if the unlicensed driver is a family member?
The same legal and insurance implications apply if the unlicensed driver is a family member. You could still be held liable for any damages or injuries from the car accident. You must treat these situations with the same seriousness as any other unlicensed driver.
Can you sue the unlicensed driver for damages?
Yes, you can sue them. You will hope they have insurance coverage. Fault is assigned to the driver(s) who caused the accident, regardless of the unlicensed status of your driver. Washington is a comparative negligence state. This means that fault can lie entirely with one person or may be spread among several people. If they have no insurance, try collecting through your underinsured motorist coverage. Consulting with personal injury attorneys can help you understand your options and the likelihood of recovering damages.
How can you protect yourself from liability in these situations?
To protect yourself from liability:
- Always verify that anyone driving your car has a valid driver’s license.
- Know the terms of your insurance policy and any clauses related to accidents involving unlicensed drivers.
- If you find yourself in a situation where an unlicensed driver has crashed your car, consult with our personal injury attorneys to understand your legal options and protect your interest.
What happens if I hit an uninsured driver?
If you hit an uninsured driver, your collision coverage can help pay for your vehicle’s repairs minus the deductible. Your liability coverage may take care of any damages that are your fault. Your UIM coverage may help pay you for your losses. Report the accident to your insurance company and gather evidence from the scene. Be prepared for potential out-of-pocket expenses if you have no UIM insurance and the other driver doesn’t have insurance.