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Getting into a car accident is stressful enough. But when you discover that the other driver doesn’t have a license, the situation becomes even more complicated. Unlicensed drivers are often uninsured, may not understand Texas traffic laws, and could be harder to hold accountable. Knowing what to do in this situation is critical, especially in El Paso, where state and local laws can directly impact how you pursue compensation.
This guide explains what steps to take after a crash with an unlicensed driver, the legal consequences they may face, and how an experienced El Paso car accident lawyer can help you protect your rights.
There are several reasons why someone may be driving without a valid license in Texas:
Regardless of the reason, driving without a license is illegal in Texas. When an unlicensed driver causes a crash, the situation becomes more complex for all involved. These drivers are often uninsured or underinsured, making it harder for injured parties to recover damages. Legal guidance is critical in these cases to protect your rights and financial interests.
If the at-fault driver in your crash is both unlicensed and uninsured, you may feel like you’ve hit a dead end. After all, if they don’t have insurance, who pays for your vehicle repairs, medical bills, or lost wages?
Texas follows an “at-fault” insurance model, meaning the driver responsible for causing the accident is liable for resulting damages. But without an insurance company to cover that liability, you may need to turn to your own coverage first.
Your options may include:
An El Paso car accident attorney can review your coverage, identify the best route to compensation, and handle negotiations with your insurer or the opposing party.
If someone else, such as a friend or relative, was driving your vehicle without a license and got into a crash, your insurance could still be on the hook depending on the circumstances.
Two key questions come into play:
If you knowingly let someone without a license operate your vehicle, your insurance provider may deny the claim, leaving you financially responsible for damages even if the unlicensed driver wasn’t at fault. This could also result in increased premiums or policy cancellation.
However, if the driver used your car without permission (e.g., a teenage child took the keys without asking), your policy may still cover the damage, but only after a thorough investigation. It’s crucial to consult with a legal professional to understand your liability and coverage.
In Texas, knowingly allowing an unlicensed person to operate your vehicle is a criminal offense. According to Section 521.457 of the Texas Transportation Code, this is classified as a misdemeanor.
Consequences may include:
Letting an unlicensed driver use your car, even once, can have serious legal and financial repercussions. That’s why it’s important to verify a person’s driving status before handing over your keys.
Yes, you can still sue an unlicensed driver after a crash in Texas. A lack of license does not protect someone from liability. It may help support your claim by establishing that the other driver was acting negligently simply by being behind the wheel.
However, collecting compensation can be tricky:
That’s why working with a skilled car accident lawyer is essential. They can track down the driver’s information, file the appropriate claims, and explore all available legal avenues, including claims against third parties, such as the vehicle owner or a negligent employer.
An unlicensed driver involved in a car accident can face multiple consequences under Texas law, including:
Texas courts may also consider aggravating factors, such as repeat offenses, endangering minors, or causing a multi-vehicle crash, which could lead to enhanced penalties. Beyond criminal charges, the driver may face long-term legal and financial challenges, including wage garnishment or liens if a judgment is entered against them. In especially egregious cases, unlicensed drivers could also be ordered to pay punitive damages for knowingly disregarding the law.
If you’re hit by someone who doesn’t have a valid license, take these steps right away to protect your health and your rights:
Collisions involving unlicensed drivers are legally complex. Without insurance to rely on, you may have limited paths to compensation. On top of that, you may encounter denials or delays from your own insurance provider.
An experienced car accident lawyer in El Paso can:
At the Law Offices of Michael J. Gopin, PLLC, we understand the frustration of being hit by someone who shouldn’t have been on the road in the first place. We’ll work tirelessly to pursue every available option for recovery and make sure you’re not left dealing with medical bills, lost wages, or property damage on your own.
Were you in a crash with an unlicensed driver in El Paso? Don’t wait to take action. These cases can be legally complex, especially when the at-fault driver lacks both a license and valid insurance. At the Law Offices of Michael J. Gopin, PLLC, we understand the frustration and uncertainty you may be feeling—and we’re here to help.
Our experienced legal team will thoroughly evaluate your case, explain your rights, investigate liability, and pursue every available option to maximize your compensation. We handle the legal stress so you can focus on healing.
Call 915-333-3333 or fill out our online form to schedule your appointment.
Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...
We are experienced El Paso personal injury lawyers. Give us a call and you’ll be taken care of! (915) 333-3333
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