In New York and New Jersey, car insurance is on the vehicle and not on the driver. An auto insurance policy might, therefore, cover an injured party’s damages even though the at-fault driver was unlicensed or uninsured.
At Napoli Shkolnik, our experienced car accident lawyers assist our clients in cutting through the complex language common in insurance policies so they can get the compensation they are entitled to when an unlicensed driver is involved in the accident.
Who Is Normally Covered Under An Auto Insurance Policy?
An auto insurance policy outlines who may use the insurance policy benefits. Generally, that definition will encompass the policy holder and members of their household, and other drivers that the policyholder allows to drive the insured vehicle.
Coverage for auto accident claims may be denied by an insurer if an owner fails to list known authorized drivers in a policy — especially if the person causing an accident was unlicensed.
With that in mind, the ultimate answer about whether an insurance policy covers a licensed or unlicensed driver will always be based on how the policy is worded.
If You Lend Your Car to Someone Without a License, Are You Responsible?
An insurance policy might say that its coverage applies to persons who you permit to drive your car, but if you lend your car to an unlicensed driver, your insurer may deny coverage for an accident caused by that driver.
Insurance policy language, for example, may provide that a driver will not be covered if the policyholder knows that the driver does not have a valid license. In such cases the policyholder could be found negligent and liable for all damages put to the unlicensed driver.
What if you are in an accident with an unlicensed driver?
Liability for damages in automobile accidents will always depend upon which party acted negligently and therefore caused the accident. The status of a person’s license and authority to operate a vehicle should not, in and of itself, create or excuse a person’s liability.
Can you own a car and purchase auto insurance without a driver’s license?
Insurance companies typically will not insure a vehicle unless the owner has a valid driver’s license, and no auto dealer will let a customer drive a car off the lot without proof of a license.
There may be exceptions to this rule, such as an unlicensed purchaser buying the vehicle for a licensed member their household, or the vehicle being an antique or a collectible car that will be kept on the unlicensed party’s property, according to an insurance company.
Contact Napoli Shkolnik
Napoli Shkolnik car accident lawyers have a successful track record in obtaining maximum damages for motor vehicle crash victims. Contact us to schedule a private and confidential consultation.