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Being involved in any type of car accident can be overwhelming. In most cases, the driver who has injured you has a driver’s license and car insurance. However, some motorists may have either a suspended license or even no permission to drive in the first place. Do not think that you are without legal recourse. You may be able to file a claim against your own car insurance policy or even a lawsuit against the responsible driver. In any type of car accident, you need help from an experienced lawyer who can navigate the legal process on your behalf. Here is what you should do if you have been involved in an accident with a driver who does not have a license.
The first thing to do is to call the police to the scene of the accident. You would need an accident report to use with your claim that may describe the circumstances of the accident. The police officer would note that the other driver did not have a license. They may also include other observations, such as who they believe was at fault for the accident and conditions at the time of the crash. The police report is essential for when you would eventually file a car accident claim.
Chances are that a driver without a license also does not have car insurance. When you are involved in an accident with an uninsured driver, you may still have a pathway to financial compensation. Hopefully, you availed yourself of the option to purchase as much uninsured motorist coverage as possible. Delaware Law requires that car insurance companies give you the option to purchase uninsured motorist coverage. It is not mandatory that they automatically include this coverage with your policy, but you can buy it. The hope is that you purchased more than the minimum and coverage because you cannot control what other drivers may do on the road.
You would file a claim with your car insurance company, and they would cover your damages the same as if you could receive money from the other driver’s policy. Do not make the mistake of thinking that your own insurance company is on your side simply because you are their customer. They will take a critical look at any claim before they pay you money. Even when they offer you a settlement, it will likely be for less than you deserve. You still need a car insurance lawyer to deal with your insurance company because You are still dealing with a difficult legal process.
The fact that someone does not have a driver’s license does not automatically mean that they are liable for the accident. You still need proof of what happened to demonstrate that the other driver was negligent. You would file evidence with your claim that proves someone else was responsible. Even if you are dealing with your own insurance company, they would still carefully review any proof to determine that you are due financial compensation.
You still have the right to sue the driver involved in the crash, even if they did not have a license. However, the best outcome in most cases is that you obtain a judgment against them because they may not have the financial assets necessary to pay you. Personal injury judgments are notoriously difficult to collect, although a car accident lawyer can help you determine whether the driver has any assets for you to seize.
The Wilmington car accident lawyers at Jacobs & Crumplar, P.A. can help you assess your legal options and fight for your financial compensation. We are always on your side from the moment you first hire us to represent you. Schedule a free initial consultation with one of our attorneys by calling us today at 302-656-5445 or by contacting us online. Our offices are in New Castle and Millsboro, Delaware, and we work with clients in New Castle County, Kent County, and Sussex County.