Car Accident with Driver with Suspended License

car accident

Car accidents are an unhappy but exceedingly common occurrence, with almost 400,000 occurring in Florida alone each year. Unfortunately, a small percentage of these inevitably involve unlicensed drivers or drivers who have had their license suspended. There can be a variety of different explanations why someone has had their driving license suspended, although the most common reasons include:

  • Accumulating too many traffic violation points
  • Failure to pay a traffic fine
  • Failure to meet the minimum vision standards
  • Driving under the influence (DUI) of drugs or alcohol

There is no doubt that driving with a suspended license is illegal. However, in the eyes of the law where compensation is concerned, there is a big difference between what is illegal and what is negligent.

So, what do you do, and more importantly, who pays, when you are involved in a car accident with a driver with a suspended license?

A lack of license doesn’t mean negligent

Unfortunately, driving without a license doesn’t automatically make a driver negligent, even if they have never passed a driving test. For example, if you were to rear-end a car driven by someone with a suspended license, it would still be considered your fault, and you would be liable for damages. This is something that is understandably frustrating for legal, licensed drivers. Therefore, if you are going to try and pursue a claim for either property damage or personal compensation, you will still need to have sufficient, irrefutable evidence that the unlicensed party is at fault.

Pursuing damages for car accidents involving a driver with a suspended license

The main difficulty in dealing with unlicensed or suspended-license drivers is that their insurance (if they have any) is highly unlikely to pay out for any property damages that they have caused. If this is the case, you will need to pursue the individual for the cost of repair to your car – something which can prove immensely challenging. However, if you have your own comprehensive insurance, this should cover your vehicle damage and your insurer will then pursue the unlicensed driver for the costs sustained.

Regrettably, there is also a chance that you will suffer a personal injury during the car accident. If this happens, comprehensive third-party insurance, known as CTP insurance, is the only type of cover whereby you will receive compensation regardless of whether the other drive has a full, suspended or no license. This will provide the compensation that the at-fault driver would have been liable to pay.

If you are involved in a road traffic accident that is cause by someone who you believe to be unlicensed or driving on a suspended license, you should speak to the police immediately. They will be able to advise you if police presence is required and will record the incident officially on your behalf. Since driving without a license or on a suspended license is illegal, there is a good chance that your local police will come out and try and apprehend the driver.

Proving that the accident wasn’t your fault and pursuing the unlicensed party for damages can be a real headache. However, our highly experienced team are on hand to take some of the strain of your car collision away, enabling you to focus on your recovery. Don’t leave your car accident compensation to chance, Call Juan Lucas Alvarez, PA today to learn more at 305-442-7375.