Accidents are stressful events under any circumstances, but when the other driver involved is unlicensed, the situation can become even more complex and frustrating. As a personal injury attorney practicing in Woodstock, Georgia, I often encounter clients needing clarification about their rights and the legal implications in such cases. Here’s a comprehensive guide on what to expect and how to protect yourself in an accident with an unlicensed driver.
Understanding the Risks
Driving without a valid license is illegal in Georgia and carries severe penalties. However, these legal repercussions for the unlicensed driver don’t necessarily help you, the victim, immediately after an accident. Unlicensed drivers are often uninsured, which can complicate the process of receiving compensation for damages and injuries.
I always advise clients to ensure they have as much uninsured or underinsured motorist coverage as possible. A real-life example is as follows:
My client was hit head-on by a driver with $25,000 in bodily injury coverage. She suffered severe injuries to one leg and both wrists. The at-fault driver’s insurance company paid the $25,000. Her medical costs were $250,000 alone. Fortunately, she had $250,000 in underinsured motorist coverage for herself and her husband, totaling $500,000. This coverage saved her business and reimbursed her for her medical expenses.
Immediate Steps to Take
- Ensure Safety and Health: First and foremost, check for injuries and call 911 if anyone needs medical attention. Even if injuries seem minor, getting a professional medical evaluation is crucial as some injuries may not be immediately apparent.
- Call the Police: Reporting the accident is vital. The police will document the scene and provide an official report, which is essential for any insurance claims or legal actions. Inform the officers that the other driver is unlicensed.
- Gather Information: Collect as much information as possible from the scene. Take photos of the vehicles, any visible injuries, and the accident scene. Get contact details and statements from witnesses and exchange information with the unlicensed driver.
Legal Implications
When dealing with an unlicensed driver, the legal landscape shifts slightly. Here are some critical points to consider:
- Liability: In Georgia, an unlicensed driver is automatically considered negligent. This can strengthen your case when seeking compensation. However, proving the extent of the unlicensed driver’s liability still requires evidence and proper documentation.
- Insurance Complications: If the unlicensed driver is uninsured, you may need to rely on your own uninsured or underinsured motorist coverage. Understanding the specifics of your policy is crucial, as it determines how much compensation you can claim.
- Criminal Proceedings: The unlicensed driver will likely face criminal charges. While this may not directly affect your compensation, it can influence the case’s proceedings and timelines.
Seeking Compensation
In the aftermath of the accident, you must pursue compensation for damages and injuries. Here’s how:
- Insurance Claims: File a claim with your insurance company as soon as possible. Provide them with the police report, medical records, and any other evidence you’ve gathered. If the unlicensed driver is insured, their insurance should cover your damages, but if not, your uninsured motorist coverage will be essential.
- Legal Action: If insurance doesn’t cover all your costs, you might need to file a personal injury lawsuit. This process can be complex and time-consuming, involving collecting evidence, negotiating settlements, and possibly going to trial.
The Importance of Professional Legal Assistance
Navigating the aftermath of an accident with an unlicensed driver can be daunting. An experienced personal injury attorney can provide invaluable assistance by:
- Evaluating Your Case: Understanding the specifics of your case and advising you on the best course of action.
- Handling Communications: Dealing with insurance companies and legal entities on your behalf to ensure you receive fair treatment.
- Maximizing Compensation: Fighting for the full amount of compensation you deserve for medical bills, lost wages, pain and suffering, and other damages.
Receive Guidance From an Experienced Personal Injury Lawyer
Being involved in an accident with an unlicensed driver introduces several unique challenges. While the legal framework regarding the unlicensed driver’s negligence is on your side, navigating insurance claims and potential legal action requires a thorough understanding of the law and a strategic approach.
If you or a loved one has been in an accident with an unlicensed driver, don’t navigate this complicated process alone. Our experienced team at Debranski & Associates can guide you through every step, ensuring your rights are protected, and you receive the compensation you deserve. Reach out to schedule a consultation with a dedicated personal injury attorney today. We can help you understand your options and take the first step towards securing the justice and compensation you are entitled to. Your justice is our priority!