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Home / Blog / When Is an Unlicensed Driver in an Accident Not at Fault?

When Is an Unlicensed Driver in an Accident Not at Fault?

Key Points in This Article:

  • When is an unlicensed driver in an accident not fault? Fault depends on individual circumstances.
  • Kentucky is a no-fault state, allowing accident victims to claim under their own PIP coverage when involved with an uninsured driver.
  • Unlicensed drivers are only held liable for accidents if their actions, such as speeding or running a red light, caused the accident.

Discovering you are involved in an accident with an unlicensed driver can be a nightmare as it could affect your ability to recover compensation. The situation can be even worse if you are the driver that is unlicensed. 

However, it’s important to note that an unlicensed driver is not automatically the one who will be held liable for the accident. Driving without a valid license is illegal, but that doesn’t necessarily mean the driver will automatically be held responsible for causing the accident. Who is at fault for the accident will depend on the individual circumstances and how exactly the accident happened. 

If you are involved in an accident with an unlicensed driver or if you are the driver without a license, our team at Rhoads & Rhoads can assist you with your claim. We understand how frustrating these kinds of situations can be and are here to help. Contact us to speak with one of our experienced Kentucky car accident attorneys today about your case. 

Unauthorized Driver Car Accident Laws in Kentucky

Kentucky law states that it is illegal for anyone to drive without a license. It is also illegal to allow someone else to drive without a license, such as a parent allowing their unlicensed teen to drive their car. Plus, Kentucky law requires all drivers to carry insurance on their car. 

Unfortunately, many unlicensed drivers also do not carry insurance. If you get into an accident with an unlicensed driver and they are at fault for the accident, you could have trouble recovering compensation if they don’t have an insurance policy to cover you.  However, if you have certain insurance coverages, including uninsured motorist coverage, this can prove helpful to extend coverage to an uninsured unlicensed driver.  

Kentucky’s No-Fault Insurance Laws

It’s worth noting that Kentucky is a no-fault state. This means that if you are in an accident with an uninsured driver, you can simply file a claim with your car insurance, and your PIP coverage will cover some of your damages. 

However, Kentucky does allow drivers the option to opt out of no-fault PIP coverage. When you opt out, it means that you can file your claim against the other driver’s insurance, even if your medical expenses are not more than 41,000 or if you’ve not suffered a permanent injury.  However, if you are in an accident with an unlicensed driver, they might not have an insurance policy to cover you. In this case, it is beneficial to have the PIP coverage for yourself. 

What to Do if You’re in a Car Accident With an Unlicensed Driver

unlicensed driver crashes

If you do end up in an accident with an unlicensed driver, it’s important to document as much as you can and ensure an official police report is filed. 

  1. The first thing you should do is call 911 and report the accident.
  2. If you are injured, request that the police send emergency medical responders to the scene. 
  3. Note the make, model, and registration number of the unlicensed driver’s vehicle.
  4. Take photos of the vehicle damage, your injuries, and any other photos relevant to the accident and what happened. 
  5. Notify your insurance company of the accident as soon as possible so they can get a claim started. 
  6. If you do need medical attention for injuries, make sure you keep copies of all documents related to your treatments and medical bills. 
  7. Contact a lawyer for help pursuing compensation for your injuries.  

When is an Unlicensed Driver in an Accident Not at Fault?

liability of unlicensed driver

The unlicensed driver is not necessarily or always the one who will be held liable for the accident. If you intend to file a claim against the unlicensed driver, you will need to have proof that they caused the accident. Simply not having a license is not necessarily proof of fault. 

That driver may face penalties for not carrying a license, but they will only be held liable for your damages if they caused the accident, such as by speeding or running a red light. Instead, you could be the one held liable even if the other driver is unlicensed. 

For example, if you caused the accident because you were distracted by your phone or because you failed to yield the right of way, then you will be the one liable for the accident. The fact that the other driver didn’t have a license won’t factor into liability. 

Someone Hit Me and I Have No License: What Do I Do?

As a driver without a license involved in an accident, you should take the same steps the other driver is advised to take. This means you should contact the police and officially report the accident, get the other driver’s vehicle and license information, take photos of the accident, seek medical attention if necessary, and contact a lawyer.

Understandably, you may not want to report the accident since you don’t have a license. However, it is illegal to leave an accident without reporting it if the accident resulted in property damage or injuries. So not only will you face penalties for not having a license, but you could also face penalties for not reporting the accident. 

Just know that you will not automatically be held liable for the accident simply because you don’t have a license. You will only be held responsible if your actions caused the accident to happen. 

Kentucky Car Accident Lawyers – Rhoads & Rhoads

Our team at Rhoads & Rhoads has experience handling complex accident cases, such as those involving unlicensed drivers. If you are involved in an accident with an unlicensed driver or are the unlicensed driver yourself, we are here to help.  

Call us at 888-709-9329 to schedule an appointment with one of our Madisonville or Owensboro car accident attorneys. We offer free initial consultations, and all cases are taken on a contingency fee basis, so no initial payment is required. We get paid only if we win or settle your case, so there is NO RISK involved.

No fee until we win.

Contact an Attorney Today

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