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My Driver License is Expired. Can I Still File an Accident Claim?

Posted on behalf of Arnold Law Firm in
california driver's licenseOperating a motor vehicle without a valid license is against the law, so if you were injured in a car accident while driving with an expired license, you may be unsure how this may affect your ability to seek compensation.

Can an Insurance Company Deny My Claim Due to My Expired License?

California is an “at-fault” state, meaning that the person who is found to be at fault for the accident is the party held liable for the damages. If another driver was at fault, you should be able to file a claim against their insurance policy for medical expenses and other damages. However, the insurance company may argue that you should not have been driving because your license was expired. They will likely use your unlicensed status as justification for offering you less compensation than your claim may be worth. It is important to discuss your situation with a licensed Sacramento auto accident lawyer to protect your rights. As the victim, it is your responsibility to prove the accident was caused by the other driver’s negligence or failure to take reasonable care to prevent you from getting injured. If you and your lawyer can prove negligence was involved, the other driver is likely to be found liable for your damages. An expired license has no bearing on the actions of the at-fault driver. If the other driver caused the accident, the insurance company cannot legitimately deny your claim solely on the basis of your driving without a valid license.

What if the Accident is Your Fault?

If the accident is entirely your fault, you probably will not be able to file a claim against the other driver’s insurance policy. However, if you were only partially to blame, you may be able to file a claim to cover your damages, minus your percentage of fault. Shared liability bolsters the insurance company’s claim that you are partially at fault because you did not meet the requirements for driving a vehicle. The complexity of this case warrants working with a licensed attorney who knows how to refute these claims with arguments such as intent to renew your license and lack of other traffic violations.

Penalties for Driving on an Expired License

Police treat driving on an expired license as a misdemeanor or an infraction. If you are charged with a misdemeanor, you may face up to six months in jail. If you are given an infraction, you may be fined up to $250.

Proposition 213

If you did not have car insurance at the time of the accident, your recovery of damages may be limited — even if you were not at fault. Proposition 213 is a California state law that restricts uninsured drivers from collecting non-economic damages resulting from a car accident. This dramatically limits the potential value of the claim, regardless of insurance policy limits that may apply. The law also applies to drivers who were under the influence of drugs or alcohol at the time of the accident.

Extensions Due to the COVID-19 Pandemic

The COVID-19 shelter-in-place order and limited Department of Motor Vehicles (DMV) hours have made driver license renewal challenging in California, resulting in more residents having expired licenses. Fortunately, California implemented new rules to help accommodate people whose licenses are set to expire during the pandemic. As of March 1, 2020, the DMV allows most drivers to renew their licenses online, a more convenient, accessible option. Also, drivers who are 70 years old or older with licenses set to expire between March and December 2020 have one year from their original expiration date to renew their license.

We Are Here to Help You. Call Today.

An expired license complicates an already stressful car accident situation, making it even more important to hire an experienced legal team to help you get through it. At the Arnold Law Firm, we are ready to fight for maximum compensation for your damages. We have been assisting car crash victims throughout California for more than four decades and have obtained millions in compensation on their behalf.

Call us today at (916) 777-7777 to schedule your free consultation.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.