Will an insurance company pay for damages to a vehicle if the driver didn’t have a license?

My husband has full coverage insurance via AAA. I was in an accident in his car, currently I do not have a license. AAA informed my husband that as his wife he had to include me on his policy, which he did. And AAA never mentioned the situation again. After the accident (no one was injured) AAA stated that his damage was covered and sent a tow truck to take his car to the shop for repairs. Now they want my license number which I don’t have. Can they bill him for the repair work done after they authorized the repair work?

Asked on March 7, 2011 under Accident Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to read your policy of insurance and see what it says.  Were you licensed when you were added to the policy?  and then became unlicensed?  My concern - and I am sure yours - is that they do not have to indemnify an unlicensed driver as it probably violates the policy to let an unlicensed driver drive the vehicle, even if a named insured on the policy.  I think the policy needs to be read to find a loop hole here if there is  one.   They will, though, have to defend you in a lawsuit as not being licensed in not an indicia of negligence and it does not mean that you were at fault.  Licensed drivers can drive badly just like unlicensed drivers can drive perfectly.  Good luck.

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