What to do if I was in a car accident that was not my fault but during the investigation I found out that my license was suspended?

UPDATED: Feb 5, 2014

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What to do if I was in a car accident that was not my fault but during the investigation I found out that my license was suspended?

Will I still be able to claim the accident on my or the other driver’s insurance?

Asked on February 5, 2014 under Accident Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Driving with a suspended license will almost certainly make you ineligible to collect under your own policy; check the terms of the policy to see what your obligations were and when the insurance is applicable, but typically, someone driving with a suspended, expired, or otherwise cancelled license is in violation of his/her policy and cannot recover.

As for the other perso's insurance: you may submit a claim, but if you were driving without a valid license, they may conclude that they do not have to pay you (they may also conclude that, contrary to what you stated in your question, that you were at fault) and deny payment. If they do so, you could try suing for the money, but be advised that having driven with a suspended license puts you at a considerable disadvantage in proving your entitlement to compensation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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