An unlicensed driver is not automatically at fault for a Chicago car accident, as multiple factors can contribute to a motor vehicle accident and fault isn’t always clear-cut.
If you have been injured in an accident with an unlicensed driver, seek medical treatment first, then consult a car accident lawyer from our law firm, The Kryder Law Group, LLC Accident and Injury Lawyers. We have decades of experience handling car accident cases in Chicago and we can help you understand your legal rights and options.
Unlicensed Drivers and Fault
What Is Illinois’ Law Regarding Unlicensed Drivers?
By Illinois law, driving without a valid license is illegal and can result in citations, license suspension, fines, and even jail time. Unlicensed drivers at fault in accidents may also be liable for damages.
Why is an Unlicensed Driver Not Automatically at Fault in a Chicago Car Accident?
There are a few reasons why an unlicensed driver may not automatically be responsible for a car accident in Chicago:
Lack of a Driver’s License Is Not Necessarily Related to Driving Skills
Not having a driver’s license doesn’t automatically indicate poor driving skills, it may simply mean the driver didn’t realize their license has expired or was issued somewhere other than Illinois.
Other Factors Can Contribute to Accidents
Car accidents can result from factors like road conditions, weather, vehicle malfunctions, and other drivers’ actions, all of which may be considered when determining whether someone else is at fault.
Mitigating Circumstances
Unlicensed drivers may have mitigating circumstances, like a medical emergency, which could reduce their responsibility for an accident.
Can I Seek Compensation from an Unlicensed Driver?
There are many different types of damages that you can recover in a car accident with an unlicensed driver if you have been seriously injured due to someone else’s actions, which include:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Wrongful death
What If the Unlicensed Driver Is Also Uninsured?
If the unlicensed driver who caused your accident was also uninsured, consult an attorney experienced with uninsured motorist cases. Your own insurance company may be a recourse if the other driver also lacks coverage. Even if they have insurance, it might be limited. A personal injury lawyer can help you explore legal options and pursue maximum compensation.
How to Prove an Unlicensed Driver Was At Fault
Various types of evidence can prove the other driver’s fault in an accident:
- Witness statements
- Police reports, especially if the driver was violating the law with a stolen vehicle or suspended license
- Photos of the accident scene
- Accident reconstruction
How to Safeguard Yourself Against Unlicensed Drivers in an Accident
Here are some steps to avoid problems with unlicensed drivers in an accident:
- Ensure you have a valid license, registration, and insurance for your own vehicle.
- Make sure your own insurance policy is up to date and meets Illinois law for uninsured motorist coverage including $20,000 for property damage to another person’s vehicle; $25,000 for injury or death to another person; and $50,000 for injury or death to two other people.
- If you’re in an accident with an unlicensed driver, contact law enforcement to create a police report and do not sign anything until you’ve spoken with a lawyer.
How Can I Recover Damages from an Accident with an Unlicensed Driver?
You may be able to recover damages if you’ve been seriously injured in an accident with someone driving without a driver’s license. Despite the at-fault party’s driving without a license, they may have an auto insurance policy that could cover some or all of your damages, for example, if they were unaware they had a driver’s license suspension or their license had expired.
Uninsured Motorist Coverage
Even if the unlicensed driver doesn’t have insurance, your own liability insurance policy may help you recover compensation. Illinois requires motorists to include uninsured motorist coverage in their insurance policy. This same insurance coverage can provide compensation for your damages if you’re involved in an accident with an unlicensed and uninsured driver.
Contact The Kryder Law Group, LLC Accident and Injury Lawyers
To recover the full compensation you deserve, consult a car accident attorney at our law firm, The Kryder Law Group, LLC Accident and Injury Lawyers. In a free consultation, a car accident lawyer can explain your legal options and work for maximum financial compensation from the at-fault driver.
(312) 223-1700