What to do if I was in a car accident that was not my fault but during the investigation I found out that my license was suspended?

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What to do if I was in a car accident that was not my fault but during the investigation I found out that my license was suspended?

Will I still be able to claim the accident on my or the other driver’s insurance?

Asked on February 5, 2014 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Driving with a suspended license will almost certainly make you ineligible to collect under your own policy; check the terms of the policy to see what your obligations were and when the insurance is applicable, but typically, someone driving with a suspended, expired, or otherwise cancelled license is in violation of his/her policy and cannot recover.

As for the other perso's insurance: you may submit a claim, but if you were driving without a valid license, they may conclude that they do not have to pay you (they may also conclude that, contrary to what you stated in your question, that you were at fault) and deny payment. If they do so, you could try suing for the money, but be advised that having driven with a suspended license puts you at a considerable disadvantage in proving your entitlement to compensation.


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