Here’s Everything You Need to Know About the Legal Implications of an Unlicensed Driver Accident in Texas
Anytime you’re involved in a car or truck accident, it can be a harrowing experience.
However, stress and anxiety spikes even more when your vehicle is involved in a car accident with an unlicensed driver.
Allowing an unlicensed driver access to your car is risky, even if it is your child or another trusted family member. If they get into an accident, your insurance can deny coverage for any damages. This could leave you saddled with the financial burden of repairs, medical bills, and legal costs. You may even face legal issues if the unlicensed driver is caught – your car can be impounded, and you may get a fine.
Whether it was your vehicle being operated by an unlicensed driver or you’re a third-party victim, you have legal rights.
What Does Texas Negligent Entrustment Law Mean for My Unlicensed Driver Car Accident?
When you allow someone to drive your car in Texas, you assume a certain level of responsibility for what happens with that vehicle – especially when the driver is unlicensed.
This concept is known as the Texas Negligent Entrustment Law.
An injured party almost always has the right to seek legal action against the at-fault party in a Texas car accident. However, things get tricky when the at-fault party is an unlicensed driver. In these cases, the vehicle owner is also legally responsible for damages and injuries if they knowingly let an unlicensed driver operate their car.
Will Insurance Cover an Unlicensed Driver in Texas?
This is where things get complicated.
When your vehicle is involved in a car accident with an unlicensed driver, your insurance situation can be complex. Most insurance policies have specific provisions about who can operate the covered vehicle. If you knowingly permitted an unlicensed driver to operate your vehicle, your insurance company might deny coverage if they get into a car accident.
Third-Party Claims from a Car Accident with an Unlicensed Driver
If you’re a third-party victim of an unlicensed driver accident but you have uninsured motorist insurance, you can file a claim with your accident insurance company to cover the costs.
In either scenario, it is in your best interests to partner with a skilled personal injury lawyer to negotiate with your insurance company.
Criminal and Civil Consequences of a Car Accident with an Unlicensed Driver
Before handing over your keys to an unlicensed driver, you may want to think again.
Texas Negligent Entrustment Law states that allowing an unlicensed driver access to your car can result in both criminal and civil penalties.
The criminal charges come into play when you enable unlicensed driving.
Civil liability could include responsibility for property damage, medical expenses, and other car accident-related costs.
Steps to Take After an Unlicensed Driver Accident
If you’re a third-party victim who got into a car accident with an unlicensed driver, take the following steps immediately:
- Call law enforcement to file a car accident report
- Seek immediate medical attention
- Gather detailed evidence from the scene, including photos, witness statements, video footage, and other proof that can build a strong case.
- Keep all accident-related documents including pertinent medical records/bills, auto repair estimates, etc.
- Contact your insurance company, but be careful not to admit fault.
- Connect with a Texas personal injury lawyer
Prevention and Protection Against Unlicensed Driver Car Accidents
The best protection is prevention – plain and simple.
Always try to avoid allowing an unlicensed driver access to your vehicle. If you’re uncertain, ensure you verify the license status of anyone who may operate your vehicle. Keep records of everyone who has permission to drive your car.
Unfortunately, accidents will still happen.
If you’re being held liable for a car accident involving an unlicensed driver, several legal defenses might be available. These could include:
- Lack of knowledge about the driver’s unlicensed status or
- Unauthorized use of the vehicle.
Having an experienced personal injury lawyer is essential as they can effectively present these defenses on your behalf.
Angel Reyes & Associates is Here to Help You Deal with the Aftermath of Your Car Accident with an Unlicensed Driver
Even if your insurance company tries to deny coverage initially, an experienced car accident lawyer may be able to help you secure coverage for the unlicensed driver accident. Our experienced attorneys can help review your policy, identify potential coverage arguments, and fight for your rights with the insurance company.
With over 30 years of experience handling unlicensed driver car accident cases in Texas, we have the ability and the passion to help you through any challenge you face. Our team of incredible car accident lawyers will be there for you every step of the way, providing 24/7 support as they fight your unlicensed driver battle. Don’t wait, don’t hesitate.
The compassionate team of attorneys at Angel Reyes & Associates takes pride in helping our valued clients face the challenges of complex insurance issues head-on, especially when negligent entrustment comes into play. Allow us to help you by removing the stress from the equation as we handle all communication and negotiation with your accident insurance company on your behalf.
Contact us today for a free consultation, or stop by one of our conveniently located Texas offices in Dallas, Fort-Worth, Houston, or Austin so we can discuss your case face-to-face.
You’re in good hands with Angel Reyes & Associates.
