The bills, medical treatment, and repairs after a car accident are already stressful enough. But what happens if you get hit by an unlicensed driver?
Unlicensed drivers face significant legal penalties in South Carolina. You may also be able to pursue compensation for your injuries and losses from collisions they cause. However, the personal injury case process will have some differences compared to if the at-fault driver had a license.
What Steps to Take After an Accident with an Unlicensed Driver
The legal process always starts immediately after the crash, and you should take the same steps as you would if the driver were licensed. These include the following:
- Stay safe and notify the authorities. Move away from traffic and call 911 to report the accident. Police documentation is instrumental in cases involving an unlicensed driver.
- Document the scene. You or someone you trust should take photos of the damage to your vehicle, the injuries you sustained, and the surrounding accident scene and road conditions.
- Share information with the other parties. Unlicensed drivers must still exchange their name and contact information with other parties in a collision. If they are insured, they must also share their policy information.
- Get information from witnesses. Record contact information for anyone who saw what happened. Their testimony could help your case, especially if the unlicensed driver disputes responsibility.
- Seek medical attention. Even if you feel fine, you should still get a medical evaluation as soon as possible. A doctor can treat injuries that may not be visibly apparent to you. Your medical records are also essential evidence in a legal case.
- Notify your insurer. Report the accident to your insurer, but be careful what you say. Do not admit fault, make assumptions, or provide statements without speaking with your attorney.
- Consult a lawyer. A car accident attorney can deal with complex insurance issues stemming from the crash. The earlier they can start building your case, the better.
- Stay off social media. Don’t post about the collision online without talking to your lawyer first.
Types of Unlicensed Drivers
Not all unlicensed drivers are the same. Your lawyer will consider which type of driver was involved in the accident to determine their direction for your case. The driver’s circumstances may also affect your insurance claim.
Never-Licensed Drivers
Some people drive on South Carolina roads without ever having obtained a license. Under state law, driving without a license is a misdemeanor subject to a $50 to $100 fine and possible jail time.
Expired Licenses
Driving in South Carolina with an expired license is illegal. However, if someone with an expired license causes a crash, the court may view the situation differently than if the driver has never been licensed or lost their driving privileges. Having no license or a revoked license may imply that the driver was not qualified to be on the road, which could help support that they were at fault.
Suspended or Revoked Licenses
The South Carolina Department of Motor Vehicles has the right to suspend or revoke driving privileges under certain circumstances, including:
- Driving under the influence (DUI)
- Accumulation of enough points from traffic violations
- Not paying traffic tickets on time
- Failure to pay child support, in some circumstances
Will Insurance Cover an Unlicensed Driver?
When the person who hit you doesn’t have a valid driver’s license, there’s a good chance they don’t have auto insurance either. If they do, their liability coverage could pay for your losses, such as medical bills and lost income. Or if they borrowed someone else’s car, the vehicle owner’s insurance might apply.
Regardless, your own insurance company may cover some of your expenses if you get hit by an unlicensed driver. However, the specific types of claims you must file will depend on your policy.
Uninsured Motorist Coverage
South Carolina requires drivers to have uninsured motorist (UM) coverage. This insurance policy pays for your injuries and property damage when a driver without insurance causes a collision. The state minimum amount includes:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
Underinsured Motorist Coverage
Some South Carolinians carry optional underinsured motorist (UIM) coverage. Filing a UIM claim may be beneficial when the at-fault party’s license has recently expired and your recovery expenses exceed their policy limits. However, it probably won’t be an option if the driver has a revoked license or has never had a license, as they may not have insurance at all.
MedPay or PIP Coverage
If you have optional medical payments (MedPay) or personal injury protection (PIP) coverage, you could pursue some compensation for medical expenses from your own insurer, regardless of who was responsible. These claims are not subject to fault disputes like a standard liability claim. They provide some immediate financial relief, even if your legal team pursues additional forms of compensation later.
Compensation in an Accident with an Unlicensed Driver
Even if the at-fault driver is unlicensed and uninsured, you can pursue a personal injury lawsuit against them. With a successful case, the court could award you compensation for losses such as:
- Medical expenses and rehabilitation
- Lost wages and earning capacity
- Physical pain
- Emotional distress
- Lost enjoyment of life
- Car and property repairs or replacement
Contact Our Experienced Car Accident Lawyer Today
If an unlicensed driver injured you, Lancaster car accident attorney David Blackwell is ready to evaluate your case. Our firm focuses on helping injured clients after someone else’s negligence changes their lives. Since 2003, we’ve won several seven-figure awards and settlements and earned the trust of both community members and legal peers. As one of our happy clients said:
“Being in an auto accident is a life changing experience. Life-altering injuries, property damage, missed work, and medical bills only contribute to an already stressful situation. David Blackwell Law stood up for me and guided me through the entire process, ensuring that I received fair compensation to secure my future.” – Ralph Hotham Jr.
As our team works on your behalf, we’ll be available to understand your needs, answer your questions, and keep you in the loop on your case’s status. Most importantly, you won’t owe us any fees unless we secure the compensation you deserve. Contact David Blackwell Law today for a free consultation.
