Is there a claim for an accident if the person driving the vehicle has no driver’s license?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Apr 24, 2012

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Insurance Question from San Jose, CA

Asked on 04/24/2012

Is there a claim for an accident if the person driving the vehicle has no driver’s license? About two days ago my boyfriend and I got into a minor accident in a private parking lot. My boyfriend was pulling my car out of a parking and accidentally bumped into a truck behind us in which is did not see coming. We tried to exchange information, but the driver claimed to have no insurance and had no driver's license or an American I.D. He had a Mexico I.D. We exchanged what information we could and a couple of days later the actual owner of the truck's insurance called my boyfriend to get information. Does the insurance of the owner of the truck make a case for the unlicensed driver?

Answer given on April 29, 2012

In auto insurance the insurance follows the car, so the insurance for you would be the insurance on your car and the owner of the truck would be the other insured vehicle. Since your boyfriend was backing up, it is most likely that your insurance will be responsible for the damages to the truck.The fact that the driver of the other vehicle was unlicensed will not play a major factor in the settlement of the accident. While the owner of the truck should not have allowed the person to drive, that would be an issue for the police. The fault of the accident didn’t really involve the fact that the other driver was not licensed. However, since it was a parking lot accident, they most likely would not have come out to the scene. You should explain this detail to your insurance company when you file the claim for the accident, but they may not consider that fact when adjusting the claim.

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