Despite Texas law that requires motorists to have a valid driver’s license, every day across the United States, hundreds of people are in car accidents with an unlicensed driver. This does not automatically mean that the unlicensed driver is at fault for the accident. At Springer & Lyle, we analyze the facts to determine if the driver was at fault and, if so, we pursue all remedies so you can be compensated for the damages you suffered.
How to Be Compensated When Unlicensed Driver is at Fault for the Accident
To obtain automobile insurance for a vehicle registered in their name, a person must show proof they have a valid driver’s license. Even if they obtain insurance, and their license is later revoked or expired, many insurance policies have a clause that says if the driver is unlicensed, there will be no coverage. There may still be a remedy.
File a personal injury lawsuit against the driver. An attorney can tell you if this is a viable remedy. Unlicensed drivers often have no assets and no funds to pay for damages.
Check to see if the car was borrowed. Insurance follows the car, not the driver. If the unlicensed driver was driving a borrowed car, and the owner gave permission, the car owner’s insurance should pay for your damages.
Was the unlicensed driver driving for a work-related reason? If the driver was driving for his employer in a vehicle owned by the employer and was operating the vehicle while “working within the course and scope of their employment” at the time of the accident, the owner/employer may be liable for damages.
When to tap into your own uninsured motorist policy. If the unlicensed driver was driving a stolen car, then they did not have the owner’s permission and the car owner will not be liable for your damages. Or, if the driver owned the car but just did not have insurance, you will need to look to your own car insurance policy and hopefully, you have uninsured motorist coverage. In Texas, your insurance agent must offer you this coverage and if you decline, it must be in writing.
Contact Attorneys at Springer & Lyle for Assistance
The personal injury attorneys at Springer & Lyle can help you collect the reasonable compensation you are entitled to for your injuries, lost wages, medical expenses, pain and suffering, and other physical damage. Contact us at 940.387.0404 for a free consultation.