Being in a car accident is already stressful, but it gets even more complicated if you are in an accident with an unlicensed driver and you cause it. Who is at fault if a driver without a license is involved in an accident? 

Hitting an unlicensed driver brings up all kinds of questions about who was at fault. On one hand, you may be responsible for the accident, but the other driver may also bear some fault for being on the road without a license. 

In this complicated scenario, an experienced car accident attorney can guide you through the legal process of determining fault and getting appropriate compensation for your injuries. Let’s take a look at what happens in Indiana when an unlicensed driver is struck by another car and whether or not you can seek compensation for your injuries. 

By learning about these laws and procedures, you can make a more informed decision about seeking legal advice and healing from your injuries. 

Determining Fault in an Indiana Car Accident

Knowing who was at fault is the most important thing that determines compensation after an accident. 

Sometimes, there can be more than one party who is responsible for an accident. For example, two drivers could commit a traffic violation simultaneously, causing them to crash into each other. In this case, both drivers involved in the accident share responsibility.

If two drivers were drag racing on a public road, their collision could easily injure an innocent driver who was obeying the rules of the road; in this case, the third driver bears no fault, but the racing drivers do. 

A commercial vehicle driver could be driving safely, and their unsecured cargo load could cause an accident. If the commercial driver was not responsible for securing the load, but someone at their company was, then that individual may be accountable even though they are not even one of the drivers. 

Comparative Negligence

Indiana is a comparative negligence state, which means that more than one party can be held responsible for an accident. It doesn’t have to be an “all or nothing” situation.  

You can sue for damages if you were no more than 50% responsible for an accident. This means that even if you were at fault, you may not have been entirely at fault when hitting an unlicensed driver. 

You may have been 30% responsible, and the unlicensed driver was 70% responsible. That would allow you to file a claim against them. 

If it is close to a 50/50 split, you should speak to an attorney to determine who was at fault. Your car accident lawyer may be able to argue that the unlicensed driver bears some fault for the accident because they lack the appropriate training, experience, or knowledge to be on the road in the first place. 

Who Is Liable for Damages After an Accident?

Unfortunately, if you were more than 50% responsible for the accident, you would have some legal responsibility for the damages. 

Your liability insurance should cover damage to the other driver’s property, but you may owe additional costs if those liability funds are insufficient. 

Seeking Injury Compensation

If you were at fault when you struck the unlicensed driver, you should file an injury claim with your insurer. You may also be able to file under your uninsured motorist coverage if you carry a policy that includes it. 

If the unlicensed driver was not the owner of the car but borrowed it with permission, the owner’s insurance may also cover some of your costs if the owner knew the driver was unlicensed. This is called negative entrustment. 

If any of these insurance companies are non-compliant with your filing, a personal injury attorney can help you negotiate with them for a higher settlement. 

Steps to Take After an Accident

After an accident, there are several steps that you should take to protect yourself and strengthen your chances of getting coverage for your losses, injuries, and pain and suffering. 

1. Seek medical attention at the scene of the accident or immediately afterward, depending on the severity of the collision
2. File a police report
3. Take photos and videos of the scene of the accident
4. Collect the name and contact information of the other driver
5. Notify your insurance company promptly of the accident
6. Keep all records of medical expenses, rehabilitation costs, costs to repair or replace damaged property, etc.
7. Contact an Indianapolis car accident attorney to make sure that you know your options

Even if you were an unlicensed driver in an accident not at fault, the complicated nature of liability means you should consult an attorney to get advice for your next steps. You should not have to navigate an accident’s legal, financial, and emotional aftermath alone.  

Poynter & Bucheri – Indianapolis Car Accident Attorneys

The lawyers at Poynter & Bucheri are ready to provide you with expert advice and guidance – even in the most complicated accident scenarios, like an unauthorized driver getting in a car accident. 

Reach out to our team to set up a free case review. There is no risk to meeting with us; we will answer your questions, look at the circumstances of your accident, and give you straight answers about whether or not you have a case for collecting compensation from the other driver. 

Contact us today to set up your consultation appointment – 1-800-265-9881.