How Can Being in an Accident with an Expired License Affect a Claim?
Posted on behalf of Gordon & Partners on Jun 07, 2021 in Auto Accidents
Operating a motor vehicle without a valid driver’s license is illegal. If you were injured in an accident while driving with an expired license, you may be unsure how this may affect your claim and your ability to obtain compensation. In these situations, we recommend consulting with an experienced attorney.
Gordon & Partners is here to offer legal help. We are ready to discuss your rights and potential legal options during a risk-free, zero-obligation consultation. Our legal team works on a contingency fee basis, which means there are no upfront fees to take on a case and no fees while we work on a case.
Valid Concerns After a Crash with an Expired License
It is understandable to be concerned if you were in a crash while driving with an expired license. You may be asking yourself the following questions:
- Can I get into legal trouble for driving with an expired license?
- How could an expired license affect my claim?
- Will my insurance company still cover my damages?
- Am I able to file a claim against the other driver?
- Do I need to retain the services of a lawyer?
Our firm is ready to answer these questions and more in a free case review. Below, we address these valid concerns.
Will My Insurance Company Still Cover My Damages?
This will depend on the terms of your policy. For instance, if the insurance company uncovers that you did not have a valid driver’s license when you purchased the policy, they may be within their rights to deny your claim. If you had a valid driver’s license when you purchased the policy but it expired later, the insurance company may not be able to deny you coverage just because your license expired.
Florida is a no-fault state, so car accident victims must first go through their insurance company. While your insurer could help cover a good portion of your damages, it may not cover everything. If the other driver is found at fault for the crash and your injuries are serious, his or her insurance company will issue payment – regardless of the status of your driver’s license.
What if I Am Partially at Fault?
It is important to note that an expired license has no bearing on a driver’s actions and whether those actions may have been negligent.
Even if you share some blame for the accident while driving with an expired license, you may still be able to recover compensation. Any damages award, however, will be reduced according to your percentage of fault. This is in accordance with Florida’s comparative fault rule.
Am I Able to File a Claim Against the Other Driver?
If your damages exceed the limits of your personal injury protection (PIP) coverage, you may be able to file a claim against the at-fault driver’s liability coverage. Your expired license should not affect the insurance company’s decision to pay out on a claim.
However, if the insurance company denies you fair compensation, Gordon & Partners is prepared to help you file a lawsuit. The burden of proof will be on you and your attorney to show the other driver was negligent. Your attorney can also help you seek additional compensation to help cover:
- Medical bills
- Lost wages
- Pain and suffering
- Mental anguish
Penalties Driving with an Expired License
Driving with an expired license is against the law, but generally a minor offense. The legal penalties you may face are less serious than driving with a suspended or revoked licensed.
An expired license, oftentimes, is the result of an honest mistake. Florida gives drivers a grace period – up to six months after the expiration date – to renew their license. If you are caught driving during this grace period with an expired license, it will be considered an infraction and you will be fined $30.
If you are caught driving with an expired license after the six months have passed, it can end in heftier fines, probation and possible jail time.
Call a Licensed Attorney for a Free Case Review
Our car accident attorneys in West Palm Beach have decades of experience handling a variety of claims and a proven track record, recovering millions in compensation for our clients.
We are ready to help determine if there are any policy exclusions for driving with an expired license. We want nothing more than to seek the maximum compensation possible for your damages.
Call to schedule a free consultation today. There are no upfront fees to use our services. We do not get paid unless you get paid.