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South Carolina
Personal Injury Law Blog

What If The Person Who Hits Me Does Not Have A Valid Driver's License

You can still recover monetary compensation for the injuries and related damages resulting from a crash that an unlicensed driver caused. Driving without a license is unlawful, yet many drivers in Charleston still do it. Various factors that prevent someone from getting a license, such as having a poor driving record or inexperience, are the reasons they shouldn’t be driving in the first place. If they get into an accident, they may be uninsured or financially incapable of paying for the damages or injuries they cause.

If you’ve been injured in a crash due to an unlicensed driver’s negligent actions, reach out to a Charleston car accident lawyer to learn how you can recover compensation to pay for your losses.

Who Pays for Damages in a Charleston Car Accident with an Unlicensed Driver?

Generally speaking, the unlicensed driver’s auto insurance coverage should cover the damages resulting from the crash. However, their insurance policy might not be valid if they were driving with an expired, suspended, or revoked driver’s license.

If a driver doesn’t have a valid license, it doesn’t automatically mean that they aren’t

covered by insurance. In case the unlicensed driver borrows an insured vehicle and gets into an accident, they can be covered by that vehicle’s insurance. Auto insurance follows the vehicle, meaning that the vehicle owner is legally responsible for having the state’s required coverage. This protects the owner from any lawsuits that may be filed against them because of the accident.

If a vehicle is used by an unlicensed driver that causes an accident, the car owner’s insurance may cover the losses. However, the amount of compensation depends on the conditions of the accident and the insurance company’s rules. It is important to know that insurance firms are more inclined to refuse coverage for accidents that involve unlicensed drivers.

You Can Also Turn to Your Uninsured Motorists Coverage

If the at-fault driver has no car insurance or cannot cover your costs, you can consider filing an insurance claim under your uninsured motorist coverage. This is a way for you to possibly recover your losses in case the other insurance firm refuses to provide coverage if you get into an accident with an unlicensed driver.

The law in South Carolina requires all drivers to have uninsured motorists coverage that matches the minimum liability limits (25/50/25). You may need to pay a $200 deductible.

Underinsured motorist and uninsured motorist coverage are similar. However, the former compensates your personal and property damages if the at-fault motorist lacks sufficient insurance to shoulder the costs of your medical expenses or damages.

Take note that while you are required to carry uninsured motorists coverage to drive in South Carolina, having underinsured motorists coverage is not mandatory.

Talk to our Charleston Car Accident Attorneys Now

At Parham Smith & Archenhold LLC, our Charleston car accident attorneys have helped numerous clients who have been injured in crashes involving negligent, unlicensed drivers. To set up a free case review with our Charleston car accident attorneys, complete our online contact form or call 864-242-9008.