What Happens if You Are Hit by An Unlicensed Driver in Philadelphia?

Being hit by an unlicensed driver in Philadelphia can complicate the claims process, but you still have rights.

Liability in an Accident with an Unlicensed Driver

In Pennsylvania, liability for a car accident is based on negligence, meaning the driver who caused the crash is responsible for damages. If an unlicensed driver is at fault, they are legally liable for injuries and property damage. However, issues arise when it comes to insurance coverage. Many unlicensed drivers either:

• Do not have auto insurance, since most insurance companies require a valid driver’s license to issue a policy.
• Are driving someone else’s car, meaning the vehicle owner’s insurance policy may come into play.

Whose Insurance Covers an Accident with an Unlicensed Driver?

Even though an unlicensed driver was at fault, compensation depends on the insurance policies involved:

If the Driver Has Insurance

In rare cases, an unlicensed driver may have an active insurance policy. If so, their liability coverage should cover your damages.

If the Driver was Driving a Borrowed Car

The car owner’s insurance policy may provide coverage under permissive use, as long as the owner allowed the driver to use the vehicle. However, if the driver took the car without permission, coverage may be denied.

If the Driver is Uninsured

If the at-fault driver has no valid insurance, you may need to file a claim under your own uninsured motorist (UM) coverage, if available.

Another option is to file a personal injury lawsuit, seeking damages directly from the unlicensed driver or vehicle owner. However, collecting compensation may be difficult if the driver has limited financial resources.

What to Do After an Accident with an Unlicensed Driver

If you are involved in a car accident with an unlicensed driver in Philadelphia, acting quickly, documenting the incident, and seeking legal advice increases your chances of getting the compensation you deserve. Take the following steps:

1. Call the Police

All accidents involving injuries or significant property damage must be reported to law enforcement. The responding officers will document the scene, issue citations to the unlicensed driver, and create an official accident report. A police report is crucial evidence when filing an insurance claim or lawsuit.

2. Gather Evidence at the Scene

Take photos and videos of the accident scene, vehicle damage, license plates, and any injuries. Collect contact and insurance information from the unlicensed driver (if available). Get witness statements and their contact details in case you need testimony later.

3. Seek Medical Attention

Even if you feel fine, get checked by a doctor as some injuries do not appear immediately, such as brain injuries. Keep all medical records and bills as they are essential for compensation claims.

4. Notify Your Insurance Company

Report the accident to your insurance provider as soon as possible.

5. Consult a Car Accident Lawyer

A Philadelphia Car Accident Attorney can help you understand your legal options, especially if the unlicensed driver lacks insurance.

A lawyer can assist in filing claims, negotiating settlements, and, if necessary, pursuing a lawsuit for compensation.