In a California car accident with an unlicensed driver, you can’t hold them responsible for the damages for not having a license. Instead, they may be liable if their actions directly caused the collision.
Suppose you are involved in a car accident with an unlicensed driver. In that case, this article will help you understand how liability works in such a situation and how to receive compensation for the damages.
Is It Illegal to Drive Without a License in California?
In California, drivers must have a valid driver’s license to operate a vehicle. According to California Vehicle Code 12500, driving a motor vehicle on a highway without a valid driver’s license is prohibited.
Failing to comply with this law can result in misdemeanor charges, with potential legal consequences including:
- Fines up to $250 if you have a license but did not carry it
- Fines up to $1,000 if you do not have a valid driver’s license
- Up to six months in county jail
Despite this, did you know there were 27,112,595 licensed drivers in California? Drivers, especially teenagers and older drivers, should secure a driver’s license if they plan to operate a motor vehicle in the state. Licensing ensures that only people who have proved a minimal level of driving skill are permitted on the road, enhancing public safety and lowering the likelihood of accidents.
How Do I Secure a Driver’s License in California?
The California Department of Motor Vehicles has established several requirements that must be fulfilled to receive a California driver’s license. These include:
- Be at least 16 years old
- Had a learner’s permit for at least six months
- Finished a driver education course
- Completed six hours of professional behind-the-wheel training
- Fifty hours of practice driving with an adult who is 25 years of age or older, ten of which must be at night.
After you meet these prerequisites, you may make an appointment to take the driving skills exam behind the wheel at the nearest DMV office.
Can I Have a Driver’s License If I’m Under 18?
If you are 16 to 18, you can obtain a provisional instruction permit to drive legally. Once you fulfill the requirements for such a permit, you can take your driving test.
Note that the following requirements must be met when pursuing a provisional instruction permit:
- Be between 16-18 years old.
- Have held your provisional instruction permit for at least six months.
- Have completed driver education.
- Have completed six hours of professional driver training.
- Have completed 50 hours of practice driving with an adult at least 25 years old with a valid California driver’s license who can certify your practice hours.
- Have practiced driving at night for at least 10 of the 50 practice hours.
Once you have completed the following, you may schedule an appointment for the driving test. As such, you must provide proof of financial responsibility or insurance that meets or exceeds California’s insurance requirements.
What Happens If I Lose My Driver’s License?
If you lose your license, you may face legal consequences, such as fines and a sentence in a county jail. This is why it is essential to report and replace your license immediately. To do so, follow these steps:
- Apply for a new California driver’s license by completing the appropriate application form. Have your parents or guardian sign the form if you are a minor.
- Visit a local DMV office to complete the application process and pay the $30 licensing fee.
- During your visit, you’ll undergo identity verification, including photographing and scanning your thumbprint.
- To expedite the process, consider making an appointment or checking the waitlist time beforehand.
If you are converting to a REAL ID, be prepared to give proof of identity, your Social Security number, and two proofs of California residency.
What Happens When an Unlicensed Driver Hits Me?
Unlicensed drivers are often involved in auto accidents. According to the Insurance Institute for Highway Safety, the United States had 4,121 unlicensed auto drivers in 2021. In the same year, more unlicensed motorcycle riders died from injuries than unlicensed drivers of passenger vehicles (38% vs. 20%).
Unfortunately, most unlicensed drivers flee the scene after causing a car accident. People who drive without a valid driver’s license risk severe legal consequences, such as fines, potential jail time, and additional limitations on getting a license. Their fear may force them to flee the area to escape being arrested and charged immediately.
Moreover, most unlicensed drivers lack insurance. Hence, they think they can avoid immediate financial accountability for accident-related damages and injuries by leaving the scene.
This is why gathering evidence at the scene is crucial, especially if the driver flees. You can take photos of their driver’s license and collect testimonies from the witnesses who might have taken essential details about the hit-and-run driver’s identity. You must also report the accident to the authorities. This way, you can speed up the legal process and locate the driver.
Lawyer’s Tip: You can collect evidence at the scene to help prove your case, such as police reports, witness testimonies, photos of the accident scene, and CCTV or dash camera footage.
Can I Pursue a Case for a Car Accident with an Unlicensed Driver?
Generally, a driver whose negligent actions result in a collision is liable for the damages, meaning their insurance provider should cover the crash expenses in California. However, you must prove that their actions directly caused the collision.
The following elements can demonstrate negligence in a California car accident:
- The driver had a responsibility to ensure everyone’s safety.
- They failed to fulfill this duty.
- This breach resulted in a crash.
- The accident caused injuries and other damages.
Therefore, if you are involved in a car accident with an unlicensed driver who commits another violation, such as drunk driving, resulting in a collision, you may file a claim to receive compensation for the damages. Conversely, if you are at fault in the crash, you are responsible for the damage expenses, regardless of whether the other driver has a valid license.
What Happens If I’m Partially Liable?
An individual who drives without a driver’s license is not inherently responsible for a car accident. Instead, you must show that their activities directly caused or contributed to the collision to hold them accountable for the damages.
However, if your actions contributed to the occurrence of the collision, you are still entitled to file a California car accident claim. Because California has a pure comparative negligence system, you can file a personal injury claim no matter how much of the fault you bear. Note that your payout will be reduced correspondingly to the extent of your contribution to the collision.
For example, you were involved in a car accident with an unlicensed driver. As the investigation progressed, authorities determined that the driver was drunk at the time of the collision. However, they also discovered that you were distracted by your phone so that you couldn’t avoid the crash.
If the court finds you 20% liable for the accident, you may receive an 80% settlement. On the other hand, the unlicensed driver can insist on 20% of compensation. It is best to consult with a California car accident lawyer. They can calculate the overall damages sustained and assess the proper amount of compensation to which you are entitled.
What Insurance Covers California Car Accidents with Unlicensed Drivers Without Insurance?
You need to have an existing driver’s license to get auto insurance. This means that unlicensed drivers are likely uninsured as well. If an uninsured, unlicensed driver causes an accident in California, you could still be able to receive compensation from your insurance policy.
Your uninsured motorist coverage may assist in paying for your medical bills if you sustain injuries in an accident brought on by an uninsured driver. Regardless of whether the uninsured driver has a license, this coverage may be applicable.
Regardless of fault, collision coverage can also help cover the cost of replacing or repairing your car. Although optional, this policy may be helpful when the at-fault driver lacks insurance or has inadequate coverage. Additionally, other insurances, like MedPay and PIP, may be beneficial in such situations.
If the unlicensed driver is not carrying insurance and hits you, a California car accident lawyer can help determine the best legal alternatives for your circumstances.
Do I Need the Help of California Car Accident Lawyers to Defend My Case?
Handling a California car accident claim involving an unlicensed driver can be stressful and confusing. What happens if the driver flees the scene and you sustain severe injuries hindering you from gathering evidence at the scene?
A California car accident lawyer is vital in proving your case by gathering essential evidence to locate the at-fault driver. They also provide comprehensive legal assistance by:
- Collecting crucial evidence to build a strong case foundation.
- Determining the liability of the party responsible for the accident.
- Evaluating the complete scope of the damages suffered.
- Engaging in negotiations with insurance companies.
- Initiating legal proceedings in court if necessary.
The Law Offices of Larry H. Parker boasts a team of highly skilled attorneys specializing in California car accidents, equipped with extensive experience in personal injury law. To explore your optimal legal options, contact us at 800-333-0000 or schedule a free consultation.
What Our Clients Say About Us
While many personal injury lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our California car accident attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:
“Took some time, but they made it happen. I would continue to utilize their services when needed.” – Kay Kay B.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- What Makes Teen Driving Dangerous?
- The Three Main Ways an Insurance Company Might Try to Blame You for Your Injuries
- Determining Fault in a Car Accident Occurring with a Lane Change
- Should I report a Hit-and-Run with No Damage?
Works Cited
“California Vehicle Code 12500.” California Legislative Information. Accessed 22 May 2024.
Carlier, Mathilde. “Total number of licensed drivers in the U.S. by state.” Statista, 14 March 2023. Accessed 22 May 2024.
“Commercial Driver’s Licenses.” California DMV. Accessed 22 May 2024.
“Motorcycles and ATVs.” IIHS. Accessed 22 May 2024.
