Being injured in a car accident is difficult enough, but learning that the other driver was unlicensed adds even more stress. You might wonder if you even have legal recourse.

Dealing with accidents caused by unlicensed drivers requires an understanding of insurance policies, liability rules, and personal injury claims, and the attorneys at KC Law are here to help. Let’s break down your options and what steps to take if you find yourself in this situation.

What Are Your Legal Options if the Driver Was Unlicensed?

Even though driving without a license is illegal under Massachusetts law and carries criminal penalties, unlicensed drivers can still be held civilly liable for any damages or injuries they cause. However, dealing with insurance companies becomes more complicated, since some policies exclude coverage if the driver was operating the vehicle unlawfully. Here are a few key scenarios you may encounter:

1. The Unlicensed Driver Was Driving a Borrowed Car

In many cases, the car owner’s insurance policy follows the vehicle, not the driver. If the unlicensed driver had permission to use the car, the car owner’s insurance may still cover the damages. However, some policies have exclusions that deny coverage if the driver did not have a valid license at the time of the accident.

2. The Driver Was Operating a Stolen or Uninsured Vehicle

If the vehicle was stolen or the unlicensed driver was using it without permission, the car owner’s insurance will likely deny the claim. Similarly, if the car itself was uninsured, you will need to explore other ways to recover compensation.

Your best option may be to file a claim under your own uninsured/underinsured motorist (UM/UIM) policy. Massachusetts law requires drivers to carry this type of coverage, which protects you if you are injured by someone without insurance or with insufficient coverage.

3. Filing a Personal Injury Lawsuit

If the unlicensed driver is at fault and their insurance refuses to cover the damages, you may consider filing a personal injury lawsuit against the driver. However, this option can be challenging—unlicensed drivers often lack financial resources or assets, which means even if you win a lawsuit, collecting compensation may be difficult.

Steps to Take After the Accident

• Seek Medical Attention: Even minor injuries can worsen over time, so it’s important to get checked out and document your injuries promptly.
• Exchange Information and Document the Scene: Take photos of the accident and gather the contact information of witnesses.
• File a Police Report: Massachusetts requires reporting accidents involving injury or significant property damage. A police report is crucial for insurance claims and legal proceedings.
• Contact Your Insurance Company: Notify your insurance provider and ask how your UM/UIM coverage applies to the situation.
• Consult an Attorney: Working with a car accident lawyer ensures your rights are protected and helps you navigate the complex insurance and legal landscape.

How KC Law Can Help You

If you were injured by an unlicensed driver in Massachusetts, KC Law is here to help. Our experienced legal team will investigate your case, handle communication with insurance companies, and explore all avenues to recover the compensation you deserve. Whether through a UM/UIM claim, insurance negotiations, or a lawsuit, we’ll fight to secure the best possible outcome for you.

Contact KC Law Today to Speak with a Westfield Personal Injury Lawyer

Don’t face the challenges of dealing with an unlicensed driver alone. Contact KC Law today to schedule a consultation with an experienced accident lawyer. We’ll guide you through the process, help you understand your options, and fight for the compensation you deserve.