Insured, but unlicensed driver hit my daughter’s car; will the other driver’s insurance pay?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 5, 2012

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Insurance Question from Murrieta, CA

Asked on 07/05/2012

Insured, but unlicensed driver hit my daughter’s car; will the other driver’s insurance pay? My 25 yr old daughter was hit by a driver with insurance, but without a valid license. Four witnesses attested that my daughter had the green light, and the other driver ran the red and hit her at 45 MPH. Both cars totaled, both drivers injured (not gravely). Police say other driver has insurance, but not a valid license. How does the lack of a valid license affect my daughter's ability to collect for medical, replace her car, and compensate for pain and suffering? Should we hire a PI attorney to help us navigate? My daughter needs further medical tests, PT, etc.

Answer given on July 07, 2012

If the driver of the car that struck you does not have a license, but does have valid insurance in force, then the insurance company for the other driver should respond to the accident. Reparis to the car as well as payment for any injuries should be covered by the policy. If your car is a total loss then the other insurance company will pay the actual cash value of the car. If you don’t have medical payments coverage under your policy, then your only recourse is to go after the other insurance company. They will not pay until the entire claim is settled, so all bills must be presented. The bodily injury coverage for the other driver would apply and would only pay to the limits of the policy.If the other insurance company is hesitant, or reluctant to work with you for the claim, you should file a claim with your own insurance company, provided you have physical damage coverage on your car. Your deductible will apply, but your insurance company will then subrogate for the damages and if successful you will get your deductible reimbursed.

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