What do I do if I’m injured by an unlicensed driver? If you are injured in an accident caused by an unlicensed driver, you can seek damages from the responsible party. If you do not have insurance coverage, your uninsured motorist policy could provide financial support.
In all cases, working with a Peachtree City car accident lawyer becomes critical to seeking fair compensation. Consider the scenarios and legal strategies available to you.
An Unlicensed Driver is in Violation of the Law
Everyone who operates a car must have a valid driver’s license. Driving without a valid license is against Georgia law and often results in a serious traffic offense. They will likely face criminal charges, especially if their actions resulted in your injuries.
Additionally, if an unlicensed driver causes an accident, they may face serious civil liability in a personal injury case. It is critical to know that your civil claim is separate from any criminal charges brought against the other driver. You have the right to pursue financial compensation in any way possible in these situations.
If you have been injured in an accident that involved an unlicensed driver, always contact an experienced Coweta County auto accident attorney for assistance. When a person causes an accident by violating a safety law, a court may find that the person was automatically negligent.
Therefore, if a driver causes an accident and does not have a valid driver’s license, that violation may be used to a victim’s advantage in a personal injury case.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 294-4931What to Do if the Driver is a Minor
Many of these cases involve drivers under 18 without a license. In these situations, victims still have the legal ability to recover damages for their losses. If the person who was driving without a valid license is a minor, a parent or other owner of the vehicle may also be held liable for any resulting injuries.
A parent or other adult should reasonably know that it is dangerous to allow an unlicensed minor to drive their vehicle without the proper supervision. If that unlicensed minor causes an accident, the adult who loaned the vehicle to the minor may also be held responsible for any victims’ injuries and other losses.
An experienced lawyer will know how to identify all possible responsible parties so that you receive the maximum possible compensation.
What Happens if the Driver is Over 18 But Unlicensed
Another route that may be available to you if you are suffering from injuries caused by the actions of an unlicensed driver is to seek a claim against the owner of the car. The owner may be liable for your injuries even if the driver caused the accident and the owner was not involved.
In this situation, the owner is liable under the doctrine of negligent entrustment, which applies when the owner entrusts their vehicle to someone they know or should know is unlicensed. This is especially true when the owner knew that the driver was unlicensed, had a suspended license, or was otherwise unsafe as a driver.
In these situations, you will seek legal action against those at fault by filing a claim against the vehicle’s owner. You must demonstrate that the owner knew the driver did not have a license and still lent the vehicle to the individual. Though more complex to prove, our car accident attorney will do so.
How to Seek a Claim Against Your Uninsured Motorist Coverage
Under O.C.G.A. § 33-7-11, Georgia law requires that all insurance companies offer uninsured motorist/underinsured motorist coverage to all their clients. It is not legally mandatory to maintain this type of insurance. However, many car owners have this coverage in place.
If you have an uninsured motorist policy, you can document your losses and file a claim under it. That means you can seek a claim for losses up to the value of the coverage you purchased, provided you can substantiate them. Keep in mind that some drivers carry very little uninsured motorist coverage, which could limit this route for paying for all of your losses.
Your car accident lawyer will discuss these situations with you to determine your rights. If the insurance company is unfair to you, your lawyer can also seek legal action against them.
How a Car Accident Lawyer Can Help
If you are hurt in an accident with an unlicensed driver, your first step should be to seek medical care for any injuries you have. Focus on your health and wellbeing first. Then, contact our car accident lawyer for a free consultation. During your consultation, you will learn more about what your legal rights are and how we can help you build your claim. Our attorney will:
- Determine which insurance companies are likely to owe you compensation based on the details of the accident and your losses
- Fully understand your losses so we can file a substantial claim for your injuries that helps to make you whole again
- Handle the insurance company’s pushback and ongoing questions while protecting your case and your right to fair compensation
- Negotiate a fair level of compensation after filing a claim, and when necessary, file a lawsuit against those responsible
- Educate you on other parties that may also be responsible for your injuries and losses in some situations.
After a car accident with an uninsured driver, prioritize your well-being as a first step. Then, hire our legal team to fight for your case. We will pursue every strategy possible for you.
Set Up a Free Consultation to Discuss Your Case with an Attorney
If you have been injured in an accident caused by an unlicensed driver, that driver should be held responsible for all losses resulting from the accident. At Shane Smith Law, our auto accident lawyers know how to use violations of the law to help prove negligence and ensure you receive compensation from all responsible parties. To schedule a free consultation, call our office today.
