Unlicensed Drivers Have Rights Too

By: Tommy M. Troncoso, Esq.

I have encountered this scenario many times: a prospective client contacts me because he was involved in a car crash that was not his fault.  He was injured, but he did not have a driver’s license at the time of the crash.  The caller is certain that he will not be able to recover any money for his injuries since he was not a licensed driver, but he needs guidance about what to do next.

The caller is shocked when I tell him that under California law, as long he was covered under an auto insurance policy at the time of the crash, he has the same right to make a personal injury claim as a licensed driver.

In fact, as long as long as the unlicensed driver did not cause the crash, the Court will likely exclude all evidence indicating that the person was unlicensed because his skill and ability to drive is irrelevant and more prejudicial than probative since he did not cause the crash.

Please note, that this information should not be seen as a free pass to drive without a license, as it is a crime and there could be criminal penalties for doing so.  However, from a civil law perspective, it will not automatically prevent you from recovering money in a personal injury claim.

Tommy M. Troncoso has recovered significant amounts of money for unlicensed drivers who were injured in car crashes.

If you or a loved one suffered injuries or harm, please contact Tommy M. Troncoso for a free consultation at 818-988-7300 or [email protected]


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