Step 1: Ensure Safety And Seek Medical Attention
Your priority immediately after the accident should be safety. If you or anyone else is injured, call 911 for emergency medical assistance. Even if you don't feel injured immediately, seeking medical attention is essential, as some injuries may not become apparent until later. Having medical records is crucial for any future legal claim.
- Document Your Injuries: Keep records of all medical treatments and appointments. This documentation will be critical for your health and any potential insurance claims or lawsuits.
- Stay Safe At The Scene: If it is safe, stay at the scene of the accident and move your vehicle out of traffic if necessary. Turn on your hazard lights to warn other drivers.
Step 2: Call The Police And Report The Accident
In California, any accident that results in injury, death, or property damage exceeding $1,000 must be reported to the authorities. When an unlicensed driver is involved, it's even more important to call the police, as driving without a valid license violates the law.
- Get A Police Report: When they arrive, they will create an official accident report. Ensure you provide accurate information about the accident and ask how to obtain a report copy. This report is crucial for establishing liability and proving that the other driver was unlicensed.
- Provide Information, But Avoid Admitting Fault: Share your side of the story, but avoid making any statements that could be interpreted as admitting fault. Let the authorities determine who is liable.
Step 3: Gather Evidence At The Scene
Collecting evidence at the accident scene can be highly beneficial to your case. If you are physically able, try to gather the following:
- Photos And Videos: Take pictures of the damage to both vehicles, any visible injuries, skid marks, road conditions, and other essential details. Videos can also help capture the overall scene and give a clearer picture of what happened.
- Driver Information: Even if the other driver is unlicensed, try to gather their personal information, such as their name, address, and contact details. You should also ask for their insurance information if they have any. Note: Driving without a license does not necessarily mean they are uninsured.
- Witness Information: If there are any witnesses to the accident, collect their names and contact information. Witnesses can provide valuable statements if liability becomes a contested issue later.
Step 4: Notify Your Insurance Company
After the accident, promptly contact your insurance company to report the collision. California is an "at-fault" state, meaning the party responsible for the accident is also responsible for compensating the injured parties. Even though the other driver is unlicensed, you should still notify your insurer and file a claim.
- Provide The Necessary Information: Explain the accident clearly and concisely to your insurance provider. Provide evidence you've gathered, including the police report and scene photos.
- Understand Your Coverage: If the unlicensed driver is uninsured, you may need to rely on your uninsured/underinsured motorist (UM/UIM) coverage if you have it. This type of coverage helps protect you in situations where the at-fault driver does not have adequate insurance.
Step 5: Understand Liability And Insurance Coverage
In California, driving without a valid driver's license is illegal. However, the fact that the driver is unlicensed does not automatically mean they will be found at fault for the accident. Fault in car accidents is determined based on the facts of the case, including who violated traffic laws and who acted negligently.
- Unlicensed Drivers And Liability: If the unlicensed driver is found to be at fault, they are still legally responsible for damages. However, collecting compensation from them may be more difficult, especially if they are uninsured or underinsured.
- What If The Unlicensed Driver Is Uninsured?: Many unlicensed drivers are also uninsured. In this case, your uninsured motorist coverage will likely be your best option for receiving compensation. This coverage can help pay for medical bills, lost wages, and other damages the unlicensed driver cannot cover.
- Suing An Unlicensed Driver: If the driver is uninsured and you do not have uninsured motorist coverage, you may need to file a lawsuit to recover damages. Unfortunately, if the driver lacks both a license and insurance, they may also lack the financial resources to compensate you, making it harder to collect on a judgment.
Step 6: Seek Legal Advice From A Personal Injury Attorney
Dealing with an unlicensed driver can introduce complications to an already stressful situation. A personal injury attorney with experience in California car accident cases can help you navigate the legal and insurance processes, ensuring you receive the compensation you deserve.
- Assessing Your Case: An attorney will evaluate the details of your accident, including the police report, witness statements, and evidence you've gathered, to determine the best course of action.
- Negotiating With Insurance Companies: Insurance companies often try to minimize payouts, especially in complex cases involving unlicensed drivers. A skilled attorney can negotiate to ensure you receive a fair settlement.
- Filing A Lawsuit If Necessary: If the unlicensed driver is uninsured and refuses to pay for damages, your attorney can help you file a lawsuit to recover compensation. They will guide you through the legal process and work to maximize your recovery.
Step 7: Know What Compensation You May Be Entitled To
If you are injured in an accident caused by an unlicensed driver, you may be entitled to compensation for:
- Medical Bills: Including emergency care, hospital stays, surgeries, physical therapy, and ongoing treatment.
- Lost Wages: Compensation for time missed at work due to the injury, including future earning capacity if the injury affects your ability to work.
- Property Damage: Costs related to repairing or replacing your vehicle and other personal property damaged in the accident.
- Pain And Suffering: Compensation for physical pain and emotional distress caused by the accident.
- Punitive Damages: In some cases, punitive damages may be awarded if the unlicensed driver's actions were reckless or egregious.
Accidents involving unlicensed drivers in California can be legally complex, but knowing your rights and the steps to take can help protect you and your claim. After ensuring your safety and collecting evidence, you must work with a knowledgeable attorney who can guide you through the legal process and fight for the compensation you deserve.
If you've been injured in an accident with an unlicensed driver, KAASS LAW can help. Our experienced personal injury attorneys understand the challenges of cases involving unlicensed or uninsured drivers and are dedicated to securing the compensation you need.