Can You Recover Compensation After a Fort Worth Car Accident if You Don’t Have a License?

Recovering after a car accident is difficult enough. Recovering after a car accident with the worry that you won’t be able to file a claim for compensation because you don’t have a driver’s license is even worse. As a victim of a car accident, you may be hesitant to file a claim for compensation because you didn’t have a driver’s license at the time of the accident. In this article, we’ll clear up some of your worries and walk you through how to get compensation, even without a license.

Texas Law When It Comes to Car Accident Compensation

No license? Don’t worry you still have rights. Texas uses a modified comparative negligence system. That sounds complicated, but it really isn’t. This ruling means that as long as those in authority did not find you more than 50% at fault for the accident, you can recover compensation. Your lack of license holds no bearing unless you’re found at fault. 

The Impact of Not Having a License

• Your Legal Standing: Your right to seek compensation after an accident is fully about fault, not whether you have a valid license. Not having a license at the time of your accident has no direct effect on your ability to file a claim for damages.
• Fault vs Licensing: No focus will be placed on your lack of a driver’s license if another party is found to be more than 50% at fault. The focus will remain on the behavior, not the license status of the victim.
• Penalties for Unlicensed Driving: You can file for compensation, but you should still understand that you broke Texas law. This won’t affect you receiving compensation but even victims caught driving without a license can face penalties that include fines and your ability to get a license in the future. First-time offenders are looking at a maximum penalty of $200. It gets worse for repeat offenders. If you’re caught three times in one year you could face jail time (up to six months).
• Insurance: Any insurance companies involved in the case may try to use it against you. Your unlicensed status at the time of the accident is one way for the insurance companies to try and undermine your claim. Considering the situation, it’s in your best interest to hire expert legal representation who can help you with your unique case and protect your rights.

What to Do After An Accident

Whether you have a driver’s license or not, the steps you should take after an accident remain relatively the same.

1. Seek Medical Attention: Call 911 and get medical attention for yourself and others. Your health and well-being should be your priority at this moment.
2. Report the Accident: You’re going to need a police report. One will automatically be filed in Texas if the accident resulted in injury or property damage. If you were driving without a license, the police would likely issue you a ticket. This doesn’t mean you’re at fault.
3. Gather Evidence: You’re going to need to collect some of your own evidence at the scene. Take pictures of your car from several angles, the entire, scene, and your injuries. Get the contact information and insurance details of the other driver(s) involved. Talk to witnesses and, at minimum, get their names and contact information.
4. Consult an Attorney: Your situation is unique. Your lack of license does not make you ineligible but could complicate matters for you. Contact a personal injury lawyer that’s experienced in Texas car accident claims.

Your Legal Representation

An attorney can protect your rights and make sure that you get fair compensation despite your licensing status. Their legal expertise can become invaluable. They can:

• Assess Damages: Their expertise and that of their team can determine the full extent of your damages which includes your medical expenses, lost wages, and things like pain and suffering.
• Negotiating with Insurance Companies: This might be their greatest help on your behalf. The insurance adjusters will more than likely argue against your claim because of your unlicensed status. Let the experts protect you in this process.
• Litigation: If negotiations fail, you’ll end up in court. An attorney can represent your interests far better than a layperson, especially in this situation.

What If Your Lack of License Is Because of Immigration Status?

Living with uncertain immigration status presents its own set of challenges. However, you still have rights. If you’ve been injured in a car accident, you have the right to seek financial compensation. Your entitlement to reimbursement for lost wages and medical expenses is the same as everyone else’s.

The Trouble with Insurance

Whether you’re still paying for insurance or not, many insurance companies will refrain from covering you in a car accident when you don’t have a valid driver’s license. No insurance means all of these costs are coming out of your pocket. This includes if you’re listed as an excluded driver on another policy.

In some cases, if you’re still insured at the time of the accident, they’ll cover medical expenses only. It’s dependent on your personal policy what will happen in those cases. There will be specific terms and conditions you’ll have to meet before this is possible though. If your license was suspended and that’s why you’re in this predicament, you should have asked your insurance company to file an SR-22. If you did, then you’re covered.

Conclusion

Simply put, not having a valid driver’s license when you’re injured in a car accident has no bearing on your ability or right to file a claim for compensation. This is only true if another party was found to be at fault. The fact that you didn’t have a license at the time of the accident does make your case more complicated. Insurance companies and legal entities will view your case differently than others and you’ll have to fight harder for what you deserve. Legal representation is so important in cases like this. Please consider hiring and experienced Fort Worth personal injury attorney to advocate for your compensation.