What happens if an unlicensed 17 year old driver is hit by someone else?

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What happens if an unlicensed 17 year old driver is hit by someone else?

Asked on October 7, 2011 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The unlicensed driver will be cited for not having a license.

The unlicensed driver can file a property damage claim with the other driver's insurance company for the cost of repairs to the car.  If the unlicensed driver is not the registered owner of the car, the registered owner should file a claim for property damage with the other driver's insurance company.

If the unlicensed driver was injured in the accident, the unlicensed driver can file a personal injury claim with the at-fault driver's insurance carrier.  When the unlicensed driver completes his/her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, the medical bills, medical reports and documentation of any wage loss should be obtained.  The personal injury claim will consist of these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of the injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Since the unlicensed driver is a minor, an adult will need to be appointed guardian ad litem to represent the minor.  If the case is settled with the insurance company, NO lawsuit is filed.  If the settlement offers are rejected, a lawsuit for negligence against the other driver must be filed prior to the expiration of the applicable statute of limitations or the unlicensed driver will lose his/her rights in the matter forever.  The guardian ad litem will need to file the lawsuit on behalf of the minor because a minor cannot file a lawsuit.  When the unlicensed driver turns 18, he/she will no longer need a guardian ad litem.


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