Does an Expired License Affect My Car Wreck Case?

How Does Another Driver’s Expired License Affect My Car Wreck Case?

If the driver who hit your vehicle had an expired license, it should not affect your car wreck case. You can still recover compensation by filing an insurance claim. The driver’s auto insurance company should pay for the physical injuries or property damage you sustained in the wreck.

For help navigating the claims process and holding an unlicensed driver liable for your compensatory damages, call the Law Offices of Ogle, Elrod & Baril, PLLC, at 865-546-1111 today. Our car accident lawyers offer free case evaluations.

What Can Auto Insurers Do When Drivers Do Not Have a Valid Driver’s License?

Causing an accident with an expired license can have several serious consequences for the driver’s insurance policy. Once an auto insurer discovers that a policyholder with an expired license caused an accident, the company can:

  • Settle an accident claim and cancel the driver’s policy afterward, since driving without a valid license is a violation of theinsurance contract; 
  • Settle the claim and increase the policyholder’s premium when itis time for renewal; or
  • Deny the claim because the driver had an expired license and was not authorized to operate a motor vehicle.

What If the Insurer Denies My Claim Based on the Driver’s Expired License?

If the at-fault driver’s insurance company denied your claim for damages, you can file a personal injury lawsuit.

Tennessee is a “fault” state when it comes to car accidents. That means the driver who was at fault for your car accident must pay for damages that resulted from the crash. Generally, the driver’s insurance company pays most of the damages on behalf of its policyholder.

While a court might grant you the amount of compensation you ask for, it could be difficult to collect the judgment if the defendant does not want to pay. In this type of situation, we recommend you hire a car accident lawyer before you decide on your next step.

We have helped many car accident victims recover compensation for their injuries or property damage. We do this by helping our clients build a negligence case against the parties liable for their damages.

Why Do I Have to Prove Negligence If the Driver Had an Expired License?

Just because the driver had an expired license does not mean they are a reckless and negligent driver. Before you can recover damages, you must prove the other driver acted negligently and caused your crash.

We can help you prove that the driver owed them a duty of care to avoid causing an accident. However, they breached this duty, caused a crash, and you suffered damages.

How Do I Build a Negligence Case?

We can build a solid case on your behalf by collecting relevant evidence that proves how the driver breached their duty of care to you and caused the accident.

The driver, for instance, could have caused an accident by speeding, driving while impaired, failing to yield the right of way, or running a red light. These are all examples of negligent driving behavior.

Once we determine how they caused your wreck, the next step is to collect evidence. This can help to counter any claims the other driver’s insurance company may have about who was at fault for the accident. This evidence can include:

What Type of Damages Can I Recover?

You can recover a number of damages based on the injuries you suffered and the property damage you sustained in the accident. You might qualify for compensation for your:

  • Medical expenses;
  • Hospital costs;
  • Wages that you lost because you could not go to work;
  • Physical therapy; and
  • Pain and suffering.

What Is the Penalty for Driving With an Expired License?

Under state law, it is illegal in Tennessee to drive without a valid driver’s license. Police can arrest drivers who violate this law. Even without an arrest, the driver could face Class C Misdemeanor charges, which carry a maximum penalty of 30 days in jail and a $50 fine.

How Can I Get Help Filing My Accident Claim?

If you suffered injuries in a wreck that a driver with an expired license caused, let the Law Offices of Ogle, Elrod & Baril, PLLC, help you pursue the compensation you deserve for your monetary losses.

We handle all aspects of car accident cases. We can investigate your case, file an insurance claim on your behalf, and negotiate a settlement. Contact us now at 865-546-1111 for a free legal consultation with one of our attorneys.