If you generously lent your car to a friend or family member, trusting they’ll handle it with care, only to receive a distressing call informing you they’ve been involved in an accident, this can all seem like it’s too much to handle. As if this news wasn’t troubling enough, you soon discover the driver behind the wheel was unlicensed. You may be unsure of your next move in a situation like this.
A North Charleston car accident lawyer can help walk you through the next best step for your situation. At Shelly Leeke Law Firm, we offer a “no fee unless we win” promise. You can feel reassured that you have nothing to lose when you work with our team.
The Law in South Carolina for Unlicensed Drivers
In South Carolina, operating a motor vehicle without a valid driver’s license is a serious offense. The state’s laws mandate that all drivers possess a current, legally obtained license to drive on public roads. Failure to comply with this requirement can result in significant legal penalties.
According to South Carolina Code §56-1-440, driving without a license is a misdemeanor offense. If convicted, the unlicensed driver may face fines, imprisonment, or both, depending on the incident’s circumstances and their prior driving record. The severity of the penalties can escalate if the unlicensed driver causes an accident, resulting in property damage, injuries, or fatalities.
These legal consequences apply primarily to the unlicensed driver, not necessarily the vehicle owner. However, if the owner knowingly permitted an unlicensed individual to drive their car, they may also face legal repercussions. Vehicle owners are responsible for ensuring that anyone they allow to operate their vehicle possesses a valid driver’s license.
Potential Consequences of Driving without a License
Beyond the legal ramifications, an unlicensed driver involved in an accident may face various additional consequences. The severity of these consequences can vary depending on the specific circumstances of the accident and the driver’s prior record, according to the South Carolina General Assembly. Some of the potential outcomes include:
- Increased likelihood of being found at fault for the accident
- Higher insurance premiums or difficulty obtaining coverage in the future
- Possibility of civil lawsuits filed by injured parties or property owners
- Suspension or revocation of driving privileges, even if obtained later
The unlicensed driver may also be required to pay restitution for any damages caused by the accident. This could include covering property damage costs, medical expenses, and lost wages for injured parties. The unlicensed driver’s actions may have long-lasting effects on their ability to obtain a valid driver’s license in the future, as well as their employment prospects and personal relationships.
Insurance Complications You May Experience
Insurance coverage can become a complex and contentious issue when an unlicensed driver crashes your car. Many insurance policies have specific clauses addressing unlicensed drivers, which can impact your ability to receive compensation for damages or injuries. You should review your insurance policy carefully to understand coverage limitations and exclusions.
In some cases, your insurance company may deny coverage altogether if they discover the driver was unlicensed at the time of the accident. This denial of coverage can leave you personally responsible for any damages or injuries resulting from the crash. Even if your insurance provider does offer coverage, you may face higher deductibles, increased premiums, or policy cancellations in the future.
If the unlicensed driver was also uninsured, you might need to rely on your own uninsured motorist coverage to compensate for damages. However, this coverage may have its own limitations and may not fully cover the extent of the losses incurred. Consult with your insurance agent and review your policy to understand your options and potential out-of-pocket expenses.
Determining if Your Insurance Will Cover the Accident
Navigating insurance coverage after an accident involving an unlicensed driver can be challenging. You will need to determine if your insurance will provide any coverage. You should consider the following questions insurance companies ask after an accident and do the following:
- Review your insurance policy for specific clauses related to unlicensed drivers.
- Contact your insurance provider to discuss the accident and coverage options.
- Provide honest and accurate information about the incident and the driver’s license status.
- Document all correspondence with your insurance company.
In some cases, your insurance provider may conduct an investigation to gather more information about the accident and the unlicensed driver’s circumstances. Make sure you cooperate with this investigation and provide any requested documentation to support your claim. If your insurance company denies coverage, you may need to explore alternative options, such as legal action against the unlicensed driver or seeking compensation through your own personal assets.
Who May Be Held Liable
Liability in accidents involving unlicensed drivers can be complex and multi-faceted. In most cases, the unlicensed driver bears primary responsibility for the accident and any resulting damages or injuries. However, as the vehicle owner, you may also face liability issues, particularly if you knowingly allow an unlicensed individual to drive your car.
If the unlicensed driver is a family member or someone residing in your household, your insurance policy may extend coverage to them, depending on the specific terms of your policy. However, if the driver is an unrelated third party, your liability exposure may be higher, and you could face personal injury lawsuits or property damage claims.
In some situations, other parties may also share liability. This could include the person who lent the vehicle to the unlicensed driver or a business that employed the unlicensed driver and allowed them to operate a company vehicle. Determining liability in these cases often requires a thorough investigation and the assistance of experienced legal professionals who can evaluate the unique circumstances of your case.
Get the Legal Help You Need After an Unlicensed Driver Accident
If an unlicensed driver has crashed your car, take prompt action to protect your rights and interests. With a South Carolina car accident attorney on your side, you can ensure you cover all bases. Contact Shelly Leeke Law Firm to begin with a no-obligation free consultation.
