It’s not uncommon for drivers to get involved in an accident with another driver without a license. This could be possible due to license expiration, license suspension, the driver never obtained one, or they are from a foreign country.
An AAA Foundation for Traffic Safety report revealed that drivers without licenses are responsible for 20% of all auto accidents. This translates to around 8,400 deaths on American roads per year. Other victims are left with significant injuries and financial losses, leaving them wondering about their legal rights.
Usually, what happens in such a scenario is similar to other auto accidents. You need to file a claim seeking compensation against the at-fault party to recover your losses. But just how much compensation can you get for your losses? Who can you file the claim against? Does the unlicensed driver or car owner have insurance?
Because you likely have even more questions, consult our Ohio car accident attorneys at Dyer, Garofalo, Mann & Schultz today for free about a possible case.
Determining liability may seem a straightforward process in personal injury cases, particularly in cases involving accidents involving a driver without a license. This is because driving without a license is against the law. However, just like other car accidents, determining liability in a given situation requires a solid argument based on evidence.
Usually, insurance companies and courts in Ohio look for elements of negligence to assign responsibility for an accident. Unfortunately, car accident victims have enough to worry about without having to gather evidence and build a case proving complex legal elements of negligence. This is where our Ohio car accident lawyers come in.
Negligence exists when you can prove the following:
To determine liability for an accident, the plaintiff must present compelling evidence that convincingly places the other party at fault. An auto accident lawyer can help gather, preserve, and present evidence to strengthen your case.
To complicate many cases, Ohio employs a modified comparative negligence system to assign fault in such cases. Under this system, the involved parties will each bear a percentage of fault according to their degree of contribution to the accident.
For instance, if a plaintiff is found to be 10% at fault, their recoverable damages will be reduced by this percentage. Importantly, Ohio follows the rule that a plaintiff cannot recover damages if they bear more than half of the fault. For instance, if they are 60% at fault for the accident, they have no grounds to sue for their injuries.
Assigning liability, particularly where multiple parties share responsibility, requires professional legal guidance. If you are being wrongfully blamed for part of the accident so the defendant can avoid liability, you need our attorneys ready to prove the unlicensed driver’s fault for your crash and injuries.
In Ohio, the driver who is deemed negligent is responsible for paying for damages. This means that if the unlicensed driver causes an accident and injuries, then they are responsible for paying for damages.
However, sometimes, the responsibility for paying for damages can extend beyond the individuals behind the wheel. Several parties may share accountability for the consequences of the accident. The potential parties that could be held responsible include:
Similar to how the plaintiff’s compensation is affected by their own degree of fault, an individual defendant bears responsibility proportionate to their assigned percentage of fault.
The fact that an unlicensed driver had an accident with your car at the time of the accident alone may not automatically provide grounds for a lawsuit. In any car accident case, you must establish negligence to be able to successfully pursue a legal claim. In Ohio, you do have legal grounds to sue the driver without a license if you can demonstrate that their actions directly resulted in an accident that led to injuries.
However, it might not be worth it to file a lawsuit if the unlicensed driver does not have insurance coverage or assets. In these situations, it is best for your Ohio car accident attorney to explore other avenues to seek compensation for your losses. There are often other parties that can be held liable.
There are several types of damages that you may recover from any applicable insurance coverage. They are broadly classified into either economic damages or non-economic damages.
Economic damages include those losses that can be easily quantifiable through documents, such as receipts and bills. However, non-economic damages are harder to determine; they are intangible losses that involve no inherent monetary value.
Insurance companies are quick to downplay the extent of losses and the impact on victims. They tend to prioritize their own profits over providing fair compensation to those who have been injured. As a result, many accident victims find themselves in a difficult position, fighting an uphill battle with insurance adjusters who minimize their claims.
One of the key tactics used by insurance companies is to undervalue the injuries sustained in a car accident. They may try to argue that the injuries are minor or pre-existing in an attempt to reduce the amount they have to pay out. However, this often overlooks the long-lasting physical and emotional consequences that accident victims have to endure.
Another way insurance companies underestimate losses is by undervaluing property damage. They may only offer to cover the cost of repairs, ignoring the diminished value of a vehicle after an accident. This can leave the victim at a significant financial disadvantage, especially if they were planning on selling or trading in their vehicle in the future.
Remember that insurance companies are businesses, and their primary goal is to make money. While they may try to convince accident victims that they have their best interests at heart, the reality is that they are looking out for their own bottom line. That’s why you need an experienced attorney on your side who can accurately calculate your losses and ensure that you receive the full and fair compensation you deserve.
If you have been involved in a car accident with an unlicensed driver, it is in your best interest to consult an Ohio auto accident attorney. Our firm has handled many complicated accident cases, and we can assess your rights to compensation. We can help protect your rights to ensure proper legal recovery. Contact us today to book a free case evaluation.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our editorial guidelines. This page was approved by Founding Partners, Dyer, Garofalo, Mann & Schultz, who have been in practice since 1991 as personal injury attorneys.
Keep up to Date with Our Newest Firm Updates
If you’ve been injured in a car accident, a slip and fall on someone else’s property, or in some other way harmed by somebody else’s negligence, you may be entitled […]
We love our senior citizens and we do our best to take care of them, but they’re vulnerable. Tragically, elder abuse is all too common. In Ohio alone, tens of thousands […]
In many workplaces, lifting heavy loads is part of the duties workers have to undertake every day. However, such lifting can be a cause of injuries and sometimes even fatalities. […]
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1.937.222.2222