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What if you are involved in accident while driving without a license?

Posted by Amanda Gammon Morse | Aug 03, 2020 | 0 Comments

      Under Louisiana law, everyone who operates a motor vehicle must possess a valid driver's license. If you are involved in an accident and do not have a license you or the other driver do not have a valid license, you can still make a claim for damages.

             Unlicensed drivers in Louisiana are not automatically liable for an accident solely because they do not have a valid license. Liability for the accident is dependent on the negligence of those involved and whether a person failed to act reasonably. As such, if you are driving without a valid license you can still file a claim if you were not at fault for the accident. Similarly, you can file a claim against someone driving without a license if you can show they operated the vehicle in a careless manner to cause the accident.

             Although, driving without a license does not affect your ability to make a claim for injuries caused by an accident, you are still subject to penalties. Every driver must have a valid license in his possession, including digital image through the Louisiana Wallet Program. A licensed driver without the license in her immediate possession faces a fine of $10 to $500 and up to six months in jail. A driver without a valid license can result in a misdemeanor conviction and face up to six months in jail and a maximum fine of $500.

              While driving without a license may not affect your ability to make an insurance claim, driving without insurance can limit your recovery.  We discuss this here: https://www.kieferandkiefer.com/blog/2018/7/11/can-i-make-a-claim-if-i-was-in-an-accident-but-do-not-have-insurance

About the Author

Amanda Gammon Morse

Amanda is a junior associate at Kiefer & Kiefer. She focuses on insurance defense litigation. Amanda graduated from the LSU Paul M. Hebert Law Center in 2013 receiving both a Juris Doctor and Graduate Diploma in Comparative Law. Prior to law school, Amanda completed her undergraduate education i...

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