Every state requires drivers to be licensed, but not everyone follows the law as they should. If the driver who hit you falls into this category and is unlicensed, they will likely be in legal trouble.
But what does that mean for you? Is there any way for you to recover compensation for your losses in the accident? The answer is likely yes, but it may be more complicated than usual, so you should hire a personal injury lawyer for help pursuing compensation from an unlicensed driver. Then take a look at some questions to ask.
Does The Driver Have Insurance?
In some cases, an unlicensed driver has car insurance. After all, they might have once had a license, but it was suspended due to a DUI or criminal speeding. This is why it’s worth it to find out if the at-fault driver has insurance. If they do, you can hire a lawyer to bring a claim against their policy.
If they don’t have insurance, the next step is to find out if there is any insurance associated with the car they were driving. For instance, if the unlicensed driver borrowed a friend’s car, and the friend has insurance, that policy would pay your claim. However, if that friend does not have insurance either, or if the driver drove the car without getting permission, you can’t file a claim with their insurance provider.
Can You Go Through Your Own Policy?
Another option is to use your uninsured motorist coverage through your insurance policy. In New Mexico, drivers are required to have this coverage. The minimum amount is $25,000 per person for bodily injury and $50,000 per car accident. The minimum coverage for property damage is $10,000 per car accident.
This means you will have at least that amount to spend on your medical bills and car repairs after a collision with an unlicensed driver. Check your policy to see if you have more, as you might have opted to pay more for additional coverage. If you only have the minimum and it’s not enough to pay your bills, your lawyer might advise legal action against the driver.
Can You Bring A Lawsuit Against An Unlicensed Driver?
If the unlicensed driver does not have car insurance for you to make a claim against, you might consider a lawsuit instead. Granted, there’s no guarantee an unlicensed, uninsured driver can pay your settlement, as there’s a good chance they don’t have extra money or assets if they can’t afford insurance.
However, this isn’t the case for all unlicensed drivers, so it’s worth it to talk to your lawyer about a lawsuit. A personal injury attorney will at least investigate the case and find out if it’s worth pursuing before advising you on how to get compensation. Contact our Santa Fe law office at 505-983-3272 to learn more.
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