The law across the U.S. requires every person behind the wheel of a vehicle to have a driver’s license. That license signifies the driver has completed satisfactory education and training in operating a vehicle within the state’s guidelines and traffic laws.
When a person is driving without a license and causes an accident, this can impact that person’s future. Consider how driving without a license impacts an accident claim for the victim and then talk to a Newnan car accident lawyer about your case.
Drivers Face Legal Penalties
The driver operating the vehicle without a valid license will face legal consequences. This may include misdemeanor charges, fines of $500 for first-time offenses, and jail time of two days, at least. License suspension may be put in place. When this occurs more than four times, it can lead to felony charges and fines of up to $5,000. It can also result in a prison sentence of one to five years, under Georgia’s driver’s license rules.
Fines and punishment levied against the driver in a criminal case do not do anything to help you in your civil claim as the victim. It does help to demonstrate your right to compensation. However, the law does not make anyone pay anything. That comes into play when you take legal action in a civil case.
Proving Fault Is Still Necessary
Driving without a license does not automatically make someone responsible for an accident. That is, it is still up to you, the victim, to prove that the other driver was negligent and caused your injuries and losses. The unlicensed driver is still responsible for your financial losses, even if they lack a driver’s license.
Your attorney will work with you and the evidence available to demonstrate fault. This will involve gathering information from police reports, witness statements, and expert opinions to establish who is at fault.
With this information, you can then file a claim against the driver’s liability insurance policy. The insurance company must still cover your losses up to the value of coverage the at-fault party has and the value of your damages.
Filing a Claim Without Insurance Coverage
In situations where the driver does not have car insurance, you can file a claim against your insured motorist coverage. This is a type of insurance coverage you take out yourself that protects you in situations where the at-fault party does not have coverage. You can seek compensation for your losses up to the value of your policy.
Seeking a Lawsuit for Additional Losses
It may also be possible to seek a lawsuit against the at-fault party to obtain compensation for your losses. If the party has assets, whether it is savings or other assets, the court may side with you. That means they may have to pay for your damages over and above what the insurance company paid out. In situations where the driver does not have a license or insurance, filing a lawsuit may be the only legal step you can take to recover damages from the party.
Work with a Skilled Attorney to Fight for Your Rights
When you are hurt in an accident like this, seek legal action with the help of a local attorney who knows the law and your rights. Turn to our team at Kam, Ebersbach & Lewis, P.C. for guidance. We offer free consultations to help you get answers.