After any car accident, usually, the insurance company of the at-fault driver pays for the loss and injuries of the victim. This means at the time of the car wreck even if the license of the driver has expired, you have the legal right to file a compensation claim.
Can Insurance Company Deny My Claim?
Keep in mind that insurance companies always have their interest at first priority and then care for the accident victims. That is the reason, insurance companies try to devalue or deny the claim if your license is expired at the time of the car accident.
They most likely make the argument that the claimant should not have been on the road if their license was expired and hence they cannot claim for the injuries. However, that is not true entirely. The drive who showed negligence and caused the accident is the one who is accountable.
Therefore, the liability insurance of the negligent driver should be responsible for paying the medical expenses and other property damages. Being a victim, it is your responsibility to prove the negligence of the driver in front of the jury. However, having an experienced lawyer on your side can make all difference.
What If Victim Is Also Partially At Fault?
Even if the victim is at fault partially for the accident with an expired driving license, still he/she is legally allowed to file a compensation claim. Depending on the percentage of the fault that is upon the victim, the compensation is usually decreased by that amount. Hiring an attorney will maximize the recovery amount by negotiating with the other’s party insurance company.
What are the Penalties for Driving with the Expired License?
It is illegal to drive with an expired license and the driver has to face the repercussions. As the penalty differs from state to state but usually $200 plus a surcharge of $100 per year is fined for up to three years. If your license is expired and got into an accident, one of the first things to do is renew your license by phone, mail, or online.
Got More Queries? Call Car Accident Attorney
If you have an expired license then filing a car accident personal injury claim is complicated and stressful. It is better to speak with the San diego car accident lawyer before filing the claim with your insurance company who can help you throughout the legal trial. Especially in such complicated cases when a crash happened and your license was expired.
Our lawyers are well prepared to answer all questions that you have in your mind about the potential claim. If you hire our attorney to represent you during the injury claim trial then we assure you that you will get the compensation (for injuries, property damage, pain and suffering, lost wages) you truly deserve.
With years of experience, our attorneys helped hundreds of clients proving the negligence of the other drivers. If it seems necessary, they are prepared to take your claim to the court.
