What Happens if an Unlicensed Driver Has an Accident With My Car in PA?
Getting into an accident can be overwhelming, even when it’s a relatively straightforward accident. Getting into an accident with an unlicensed driver can make the situation even more stressful.
One of the main concerns in colliding with an unlicensed driver is how it affects insurance coverage for the accident. Read on to learn more about Pennsylvania regulations, insurance coverage for unlicensed drivers, and what to do if you’ve been in an accident with an unlicensed driver. Plus, our car accident attorneys explain how the different types of insurance can affect accident victims.
Is PA Accident Coverage Mandatory?
In Pennsylvania, car accident coverage is mandatory. The state requires all drivers to carry a minimum level of auto insurance, including liability coverage for bodily injury and property damage.
Pennsylvania, like most states, is a no-fault state for many coverages. This means that coverages like your medical coverage and wage loss will cover you regardless of whether the accident is your fault or the fault of another.
There are also minimums that every driver must purchase. No matter what, every policy must include at least $5,000 in medical benefits coverage. Uninsured and underinsured motorist coverage is optional but is absolutely critical to have.
In the event that the other driver has no insurance, you will realistically only have your own insurance and your own uninsured motorist coverage to fund your compensation. Likewise, if the other driver has too little coverage to fully compensate you, your own underinsured motorist coverage will be critical.
Pennsylvania law mandates minimum auto insurance coverage, including $15,000 per person and $30,000 per accident for bodily injury liability and $5,000 for property damage liability.
What Are the Full and Limited Tort Options?
When selecting an insurance policy, you can choose between full tort and limited tort options, which affect your ability to recover non-economic damages in a lawsuit.
If you stay with the full tort option, that means that you are not waiving any part of your right to sue. All things being equal, with full tort, you will be able to pursue a claim against the at-fault driver for economic damages and non-economic damages.
If you elect for the limited tort option, which often brings with it a lower premium, you are waiving your right to pursue non-economic damages, also known as “pain and suffering.” Although there are a number of exceptions to limited tort that allow a victim to “upgrade” to full tort, it is far safer to ensure that all your automobile insurance policies carry the full tort option to ensure that you may be fully compensated for your injuries.
What Is an Unlicensed Driver?
An unlicensed driver is an individual operating a vehicle without a valid driver’s license. This can include people who never obtained a license, anyone whose license was suspended or revoked, or someone who failed to renew it. Driving without a license is illegal and can result in fines, penalties, or criminal charges.
Despite not having a valid driver’s license, some people choose to drive anyway. There are many reasons unlicensed drivers may do this — maybe they can’t afford to pay the renewal fees, don’t know about licensing requirements, or are unaware of suspended or revoked licenses. Others may drive illegally due to necessity, such as needing transportation for work or emergencies.
Does Insurance Follow the Car or Driver in Pennsylvania?
The answer, in general, is “both.” Certain coverages follow the car, and certain coverages follow the person.
Coverages for property damage liability, for instance, will typically follow the car. Coverages for underinsured and uninsured motorists will follow the person.
For example, if you are taking a nice autumn walk, you are obviously not operating an automobile. Then, suppose that you’re the victim of an automobile accident while you’re walking. Despite the fact that you’re not in your insured automobile, this accident arises out of the maintenance or use of a motor vehicle. Thus, your underinsured motorist coverage will likely be available to you.
Coverage still depends on policy specifics and the driver’s authorization. A driver’s personal insurance may also apply in certain cases, such as when they are driving a borrowed or rented vehicle.
What Is a Permissive Use Driver?
A permissive use driver is someone who is not the owner but operates a vehicle with the owner’s explicit or implied consent.
Examples of a permissive use driver include:
- A sibling or child borrowing the car for errands
- A friend driving your car to help with transportation
- A colleague using your vehicle during a carpool or work-related task
- Parking attendants driving your car temporarily
- A neighbor borrowing your car for a quick trip
In most cases, the owner’s insurance policy extends coverage to permissive use drivers, protecting them in accidents. However, coverage limits or restrictions may change depending on the insurance policy.
Unauthorized use or exclusions, such as for unlicensed drivers, may void your coverage. If you plan on letting someone else drive your car, it’s important to understand your policy terms regarding permissive use to avoid potential liabilities.
- Our car accident attorneys are happy to examine your dec sheet (car insurance declarations page) for you — free of charge. Get in touch for a free review!
What Is the Unlicensed Driver Exclusion?
The unlicensed driver exclusion is a provision in some auto insurance policies that denies coverage for drivers who don’t hold a valid license. According to this exclusion, if an unlicensed individual drives the insured vehicle and causes a crash, the policy will not cover damages or liability.
This exclusion protects insurers from higher financial and legal risks associated with unlicensed drivers. This example shows the importance of ensuring you have opted for underinsured and uninsured motorist coverage on your own policy. Simply put, you cannot control how much insurance the other person has in an accident.
Changes To Unlicensed Driver Exclusion In Pennsylvania: 2023
While some policies may have an unlicensed driver exclusion, their ability to enforce it varies by state. In 2023, a Pennsylvania appeals court invalidated the “unlicensed driver exclusion” in insurance policies, specifically when it comes to first-party medical benefits.
The court ruled that this exclusion conflicts with the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL), which requires coverage for medical expenses regardless of who is at fault.
The decision arose from a case where a young woman driving her mother’s car without a license was injured in an accident and denied coverage. The appeals court explained that the MVFRL was to be applied as liberally as possible to ensure coverage for accident victims.
The court determined that exclusions not explicitly allowed under the MVFRL — such as those for unlicensed drivers — cannot apply to first-party medical benefits, ensuring broader protection for injured parties. It’s important to note that this ruling does not include coverage for vehicle or property damage.
What Happens if the Person at Fault in an Accident Has No Insurance in PA?
If the at-fault driver in a Pennsylvania car crash lacks insurance, the victim may rely on their uninsured motorist coverage to recover damages. Note that this coverage is not technically required in the state of Pennsylvania, so it’s possible that the driver may not have it.
However, you are free to purchase it in an amount up to and including your coverage limit for your bodily injury liability coverage. It is relatively cheap to purchase, and it is important to have.
Alternatively, the injured party may pursue legal action against the at-fault driver personally. However, collecting compensation can be challenging in this case. If an at-fault driver doesn’t have enough assets to pay the damages, then there’s not much that can be done to secure your compensation. Speaking to car accident lawyers in Bethlehem, PA, can help clear up any worries or questions you have.
What Happens if a Driver Is Not Listed on an Insurance Policy?
If a driver is not listed on an insurance policy, coverage depends on the policy terms and the driver’s relationship to the insured. If it’s under permissive use, then the insurance policy may extend coverage.
In order to claim permissive use, you must list frequent or household drivers on your policy. This ensures the insurance company is aware of potential permissive drivers. Otherwise, claims might be denied. Exclusions for unlisted drivers can leave both the driver and vehicle owner financially responsible in case of accidents.
Is Driving Without Insurance a Crime in Pennsylvania?
Yes, driving on public roads without insurance is a crime in Pennsylvania. It is considered a summary offense, and drivers caught without proof of insurance face penalties.
These can include the following:
- A minimum fine of $300
- Suspension of both the driver’s license and vehicle registration for three months
- Restoration fees of approximately $90 for both the license and registration
- Possible impoundment of the vehicle until fines and fees are paid
Additionally, uninsured drivers involved in accidents may face lawsuits for damages, including medical expenses and property repairs. Reinstating coverage after such violations typically results in higher insurance premiums or the need for high-risk insurance policies. Additionally, a driver’s registration can be suspended for failing to maintain the required coverage.
Can You Sue an Uninsured Driver in PA?
Yes, you can sue an uninsured driver in Pennsylvania, but as we mentioned previously, it can be challenging to recover damages. If the at-fault driver lacks insurance, you may need to pursue a personal injury lawsuit directly against them. Collecting compensation can be difficult if the driver doesn’t have enough assets to comply.
How Unlicensed Driver Accidents Affect Insurance Coverage
Whether your insurance premium increases after an accident with an unlicensed driver depends on your insurance policy and the circumstances. In Pennsylvania, if the unlicensed driver is at fault, your own insurance policy (if you have uninsured motorist coverage) may be used to cover damages.
If you are at fault, your insurance rates might increase after any accident, regardless of whether the other driver is licensed. Insurance companies often raise premiums after a claim, especially if they find the insured driver responsible for the accident. This is their way of lowering their risk for further financial obligations.
Can Insurers Try To Deny Coverage for Accidents With Unlicensed Drivers?
In many states, accidents involving unlicensed drivers may affect insurance coverage, as many policies contain an unlicensed driver exclusion. However, in Pennsylvania, this exclusion cannot be enforced when it comes to medical coverage. Coverage for vehicle damage or liability may still be denied, depending on the circumstances and policy terms.
What To Do After an Accident With an Unlicensed Driver
After an accident involving an unlicensed driver, it’s important to protect your rights and keep yourself and the other driver as safe as possible.
Here is a general guideline of what to do after a car accident:
- Ensure Safety: Check for injuries and move to a safe location if possible. Call emergency services for medical attention and file a police report.
- Document the Scene: Gather information, including the unlicensed driver’s details, vehicle information, and any potential witnesses. Take photos of the accident scene, damages, and injuries.
- Notify Your Insurer: Contact your insurance company to report the accident. If the unlicensed driver is at fault, your own coverage may help cover damages, especially if the driver has no insurance.
- Consider Legal Elements: In Pennsylvania, an unlicensed driver may face significant legal consequences. If you are injured, you may still be eligible for medical benefits under your insurance, even if the other driver is unlicensed.
- Consult an Attorney: If the unlicensed driver is at fault and you’re facing difficulty recovering damages, seek legal counsel. Car accident lawyers in Allentown can help you navigate the claims process in all of Pennsylvania. With their help, you can explore options for pursuing compensation, including potential personal injury lawsuits.
How Cohen, Feeley, Altemose & Rambo Can Help
At Cohen, Feely, Altemose & Rambo, we understand how overwhelming it can be to get into a car accident. Our personal injury attorneys are here to help navigate the legal landscape so that you can focus on recovery.
Our injury attorneys can help advise you on the best course of action, whether that involves filing a personal injury suit or relying on another type of insurance coverage. Our team can provide counsel every step of the way, helping you fight for the compensation you deserve.
We care about our community deeply, which is another reason we are passionate about helping victims of unlicensed motorist accidents. When unlicensed drivers are held accountable, our roads are safer for everyone else in our community.
Wrap Up: What Happens if an Unlicensed Driver Has an Accident With My Car in PA
If you are hit by an unlicensed driver, both insurances may still cover your medical and personal property expenses in the state of Pennsylvania. The compensation a person receives can depend upon the other driver’s insurance or personal assets.
At Cohen, Feely, Altemose & Rambo, our goal is to help car accident victims get the compensation they deserve while holding irresponsible drivers accountable. If you have been in an accident with an unlicensed driver, contact us today to schedule your free consultation.
Sources:
Automobile Insurance Guide | Pennsylvania Insurance Department
Courts’ Trend to Weaken Commonly Used Coverage Exclusions Continues | Marshall Dennehey | JDSupra
Pennsylvania Law Assures Medical Expense Coverage for Injured Unlicensed Driver | Claims Journal
What Is Automobile Insurance? Insurance Guide | Pennsylvania Insurance Department
101 Pa. Code § 23.114 – Defining offenses | State Regulations | LII / Legal Information Institute