If the at-fault driver had an expired drivers’ license when an accident occurred, will their insurance cover my claim?

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If the at-fault driver had an expired drivers’ license when an accident occurred, will their insurance cover my claim?

Asked on April 21, 2017 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, their insurance will probably not cover your loss, because in driving without a valid license, the other driver likely violated his obligations under his insurance policy (e.g. to only drive if he has a valid licence), and such a breach or violation of the policy's obligations will generally excuse the insurer from their obligation to pay. You can sue him personally for the damage, and if he income or assets, potentially recover from his directly, but you are unlikely to be paid by his insurance.


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