Getting into a car accident is stressful enough on its own, but discovering that the other driver did not have a valid license makes an already difficult situation even worse. Many Pennsylvania drivers do not know what steps to take or what rights they have when an unlicensed driver causes a crash. Because the legal rules around these situations can be confusing, it helps to know what Pennsylvania law says and how it may affect your ability to recover compensation.
What Does It Mean to Drive Without a License in Pennsylvania?
Driving without a valid license in Pennsylvania means “operating a vehicle without ever obtaining one, driving after a suspension or revocation, or driving with an expired license.” Pennsylvania law treats these situations as traffic violations or, in some cases, criminal offenses, while the legal consequences and how they affect a civil claim can vary by circumstance. If a licensed driver simply forgot to bring their license at the time of the crash, Pennsylvania law allows them to present a valid license to the court, which typically results in a reduced or dismissed charge with little effect on the civil liability analysis.
Is an Unlicensed Driver Always at Fault for an Accident?
Not automatically, because “fault” in Pennsylvania is based on negligence, not simply on whether a driver had a valid license. An unlicensed driver who is struck from behind by a speeding vehicle may not bear primary fault for the collision. Pennsylvania uses a “modified comparative negligence” system, which means each party’s percentage of fault determines how much compensation they may recover.
Can I Still Recover Compensation if the Other Driver Did Not Have a License?
Yes, because not having a license does not automatically shield a driver from financial responsibility. Compensation in Pennsylvania is based on ‘negligence,’ so if the unlicensed driver caused the crash, they can still be held liable for your medical expenses, lost wages, and other damages. The absence of a valid license may also serve as evidence that the driver was unqualified to operate a vehicle, which can strengthen a negligence claim.
What Happens if the Unlicensed Driver Was Borrowing Someone Else’s Car?
The vehicle owner may share legal responsibility through a legal theory called “negligent entrustment,” which applies when someone knowingly allows an unlicensed or otherwise unfit person to use their car. Because the owner’s insurance policy typically follows the vehicle rather than the driver, that policy may also be available to cover your damages. This is an area where the facts of each situation matter greatly.
Should I Call the Police After a Crash With an Unlicensed Driver?
We strongly recommend doing so, as an official report documents that the other driver lacked a valid license at the time of the crash. That documentation can be valuable when dealing with insurance companies and in any later legal proceedings. While some drivers try to settle minor accidents without involving the police, doing so may leave you without important evidence if the situation becomes disputed.
How Long Do I Have to File a Claim in Pennsylvania?
Pennsylvania’s “statute of limitations” generally gives injured parties two years from the date of the accident to file a personal injury lawsuit. Missing that deadline can bar you from recovering compensation, although certain exceptions may apply in limited circumstances. Speaking with a lawyer as soon as possible after a crash helps preserve evidence and keeps all legal options open.
Our Seasoned Chester County Car Accident Lawyers at Eckell Sparks Are Ready to Fight for the Compensation You Deserve
If you were injured in a crash involving an unlicensed driver, contact our Chester County car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. To schedule an initial consultation, call us today at 610-565-3700 or complete our online form. With office locations in Media and West Chester, Pennsylvania, we proudly serve clients in the surrounding areas.