Can I Make A Claim Even If I Don't Have A Driver's License?

From time to time clients will come in after a crash that is clearly not their fault. However, they don't have a valid driver's license.  There are a number of reasons why someone might not have a license.  Irrespective of the reason you may not have a license, that doesn't mean you can't make a claim if you are hurt and the crash isn't your fault.

 

Now, I am not in any way advocating that you should drive without a license. You shouldn't.  If you don't have a license, then go get it.  But, you are not barred from making a claim if you don't have one.

 

If your case settles then the lack of license isn't an issue.  If it doesn't, that is where it becomes tricky.

 

There are two potential outcomes on this issue. The first is that a judge may not let the defense bring in evidence that you don't have a license.  The judge will look at the facts and determine if the lack of license is "more prejudicial than probative." That just means the harm to you is more than how relevant the lack of license is.  Or, the judge could let the evidence in at trial. This becomes more likely if you were actually driving at the time of the crash. If you are stopped at a red light and get hit, you can't have contributed to causing that crash. Your lack of license or even driving experience is relevant. But, if you were driving when the actual impact happened there might be an argument that since you didn't have a license you may not have gone through driver training or you failed your exams- meaning you are an unsafe driver. If so, that lack of license may come in, and it will most certainly make a difference in your case.

 

Again, if you are driving without a license- GET IT!!!  But if you don't have one and are hurt in a crash that wasn't your fault you can still make a claim for your injuries.