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In most car accidents, the standard resolution is that the at-fault driver’s insurance company pays for the other party’s damages. If the at-fault driver had collision and MedPay coverage in addition to liability, their insurance will also probably cover their damages. However, there are several scenarios where this doesn’t happen, and having an accident with an unlicensed driver can complicate the situation. What happens to you and your damages depends on several factors, which we’ll discuss in this article.
Here are some common answers to questions about what happens when an unlicensed driver hits you:
Do I Have to Pay for the Damages if the Driver Was Unlicensed?
The first thing to understand is that “unlicensed” and “uninsured” are two different issues, although in most situations they result in the same problem. Usually, car insurance is attached to the car and will cover accidents caused by anyone who drives the vehicle with the owner’s permission. So if a friend borrows your car and crashes it, you won’t have to worry about suing them to pay for the repairs.
Unfortunately, most insurance companies don’t cover drivers who are breaking the law, so if the driver was unlicensed, the vehicle owner’s insurance may not cover your damages after all. However, you should be able to file a claim with your insurance company if you have uninsured/underinsured motorist (UI/UM) coverage. Don’t have UI/UM coverage? Consider adding it to your liability coverage – about 12.4 percent of drivers in Georgia are uninsured, according to the Insurance Information Institute.
What If My Insurance Company Says the Accident Was My Fault?
Driving without a license is illegal, but it doesn’t automatically make the other driver at fault for the accident. Of course, they will deal with enough legal problems due to being unlicensed and possibly arrested for driving without a license. Depending on whether they’ve been arrested for unlicensed driving, they could face a few months to a few years in jail or prison. They may hire a private attorney to represent them in the hopes of beating these charges.
Why does this matter to you? The point is that the unlicensed driver may be in a financially difficult situation, and as a result, they will probably make every effort to avoid liability for the accident itself, which could lead to them blaming you.
Now, you’d think your insurance company would be on your side, but remember, they’re a business. The insurance carrier’s main priority will always be their bottom line, and agreeing that the accident is your fault saves them from paying a UI/UM claim. After all, you aren’t uninsured. Plus, they have an excuse to raise your rates if the accident was your fault! (If you have collision and MedPay coverage, these will pay for an accident that’s your fault, but you could still be subject to a rate hike.)
If you’re in this situation, it can be frustrating, and you may be tempted to give the insurance carrier a piece of your mind. Unfortunately, that may make things worse. The insurance adjuster is probably going to record your conversation, then pick through everything you said until they find something that they think indicates you were at fault. The more you talk, the more material they have to choose from.
Don’t allow them to twist your words. Instead, call a car accident lawyer immediately. We will thoroughly investigate the accident, and we may be able to find evidence the police missed. Often law enforcement officers are very busy and lack the time and resources to deeply investigate a car accident, but our investigative team has plenty of time. Sometimes, we may find more witnesses or discover video from a smartphone or doorbell camera.
If we can uncover evidence that the unlicensed driver was at fault, we can resubmit your UI/UM claim to the insurance company, and it will be more difficult for them to say no. Additionally, you can sue the other driver for any damages not covered by the UI/UM policy. That being said, this may not be feasible. If the other driver has no significant assets we can seize, spending time and money on a lawsuit probably isn’t a good option.
There’s another reason that proving the other driver is at fault is essential, even if you don’t sue them. If the other driver convinces a jury that you were at fault, they can sue you for damages. Remember that in Georgia, personal injury lawsuits are based on determining who was most at fault. In order to make a claim against another person or their insurance, you don’t have to prove the accident was 100 percent their fault, just 51 percent or more. If there were no known witnesses to the crash, the other driver might be able to make the case that you are more mostly at fault, even if they also made a mistake.
Why Do People Drive Without a License?
There are many reasons why this happens. Some drivers don’t have the time or money to undergo the licensing process. Others may have lost their license due to drunk driving, excessive speeding tickets, or other moving violations. Some people may not be able to drive safely due to a disability or medical issue, like a visual impairment or seizure disorder. The bottom line is that there are many people on the road who shouldn’t be, and you never know when one of them will cross your path. Having UI/UM coverage will help protect you in these situations.
Call a Car Accident Lawyer From the CEO Lawyer Personal Injury Law Firm
If you’ve been in an accident caused by someone else’s negligence, you need the support of an experienced Georgia car accident lawyer. Attorney Ali Awad founded the CEO Lawyer Personal Injury Law Firm and quickly built it into the fastest-growing law firm in the country, besting 499 others. When he’s not fighting for clients in the courtroom or negotiating with insurance companies, he shares legal wisdom with more than a million followers on social media. For a free consultation about your accident, please contact the CEO Lawyer Personal Injury Law Firm at any time.
If an unlicensed driver has injured you or someone you love, please contact the CEO Lawyer Personal Injury Law Firm for a free consultation today at 833-254-2923.