Involved in an Accident with an Unlicensed Driver in NY?
Being involved in an accident with an unlicensed driver can be a stressful and complicated experience. From determining liability to navigating legal actions, it’s crucial to understand your rights and responsibilities in these situations. Here’s what you need to know about dealing with unlicensed drivers in New York, including what to do if an unlicensed driver hits you, how to determine fault, and the steps to report an unlicensed driver.
Hit by Unlicensed Driver and What to Do Next
If an unlicensed driver has hit you, your priority is safety. Move to a secure location, check for injuries, and call the police immediately. In New York, it’s essential to file a police report for any accident, especially when it involves unlicensed drivers. A police report can document the incident and create an official record that may be crucial for insurance claims or legal actions.
After ensuring everyone’s safety and notifying the authorities, exchange information with the other driver. Even if they don’t have a valid driver’s license, try to gather as much information as possible, including their name, contact details, and vehicle registration number. Also, photograph the accident scene, damages, and any visible injuries.
If you’ve been injured or your property has been damaged, consult an attorney specializing in traffic law. A lawyer can help you navigate the complexities of dealing with unlicensed drivers and ensure your rights are protected.
If an Unlicensed Driver is Hit, Who is at Fault?
Determining fault when an unlicensed driver is involved can be tricky. The key question is not necessarily whether the driver had a license but who was responsible for causing the accident. Under New York law, the fault is based on negligence, meaning the driver who acted carelessly or violated traffic laws is typically held liable.
However, an unlicensed driver’s lack of a valid license could complicate the situation. While not having a license doesn’t automatically make the unlicensed driver at fault, it does raise questions about their competency and legality on the road. If an unlicensed driver is hit, who is at fault will largely depend on the specific circumstances of the accident, such as whether they were obeying traffic laws at the time.
Consulting a traffic lawyer can help clarify faults and ensure your case is handled fairly. An experienced attorney will carefully review the accident details and provide expert guidance on proceeding.
The Different Types of Unlicensed Drivers
Unlicensed drivers fall into several categories, each with unique legal implications:
Drivers with Suspended or Revoked Licenses: These individuals have had their driving privileges revoked due to previous violations, such as DUIs or accumulating too many points on their record.
Unlicensed Drivers with No Record: These drivers have never been issued a driver’s license and, therefore, have no formal training or authorization to operate a vehicle.
Expired Licenses: Some drivers fail to renew and continue driving without realizing the legal consequences.
Out-of-State or International Drivers: These drivers may not have valid authorization to drive in New York, especially if their license has expired or is not recognized by state laws.
Each type of unlicensed driver poses unique risks, and being involved in an accident with an unlicensed driver can significantly complicate insurance claims and legal proceedings. Understanding these distinctions can help when reporting an unlicensed driver and building your case.
Legal Actions to Take: Reporting an Unlicensed Driver
Reporting the incident is crucial if you’ve been involved in an accident with an unlicensed driver. Call the police immediately so that they can document the accident and verify the driver’s status. In New York, operating a vehicle without a valid license is illegal, and the unlicensed driver may face fines, penalties, or criminal charges.
After reporting the accident to the authorities, notify your insurance company immediately. Be sure to provide them with the police report and any evidence you’ve gathered from the accident scene. Sometimes, your insurance may cover the damages if the unlicensed driver is uninsured or underinsured.
It’s also wise to consult a traffic lawyer if you’re dealing with an unlicensed operator ticket or other complications arising from the accident. An attorney can help you explore your legal options, whether that involves pursuing compensation for damages or defending yourself if there’s any dispute over fault.
Why Choose Michael E. Beer, Esq. for Traffic Law Cases?
At 5 Towns Traffic, we understand the complexities of an accident involving an unlicensed driver. With over 32 years of experience, Michael E. Beer, Esq., has helped over 100,000 drivers in New York navigate traffic-related legal issues. Whether an unlicensed driver has hit you or is dealing with an unlicensed operator ticket, we provide personalized service, expert advice, and affordable solutions.
Our commitment to honesty and integrity means you’ll always speak directly with Michael, not a junior law clerk. We’re here to ensure your rights are protected and you receive the best possible outcome.
If you’ve been involved in an accident with an unlicensed driver, don’t face the challenges alone. Contact us today for expert legal guidance, and let us help you resolve your case efficiently and effectively.