Having a car accident with no license or insurance can lead to serious legal and financial consequences. In California, a driver who causes a crash while driving without a license and/or insurance can face criminal charges, substantial fines, and full liability for all damages in an accident claim. If you were hit by an uninsured or unlicensed driver, it is important to seek help from experienced car accident lawyers in California as soon as possible.
Although you may think it’s difficult—or even unlikely—to claim compensation from a driver with no insurance or license, there are still options available. You shouldn’t have to face financial hardship for an accident that was clearly not your fault. Call Megeredchian Law at (866) 359-0807 for a free consultation with one of our experts. We work on a contingency-fee basis, meaning you don’t pay out of pocket for our legal services.
Car Accident with No License or Insurance: Basic Considerations
Before we explore what happens in a car accident with no license or insurance, there are some general considerations that apply to any situation. These include:
Consequences of Not Having a Driver’s License in a Car Crash
Not having a valid driver’s license does not automatically make you responsible for a car accident in California, nor does it prevent you from pursuing compensation if the other driver was at fault. Licensing status is separate from determining who caused the crash.
How It Affects Your Claim
California follows pure comparative negligence (Civil Code § 1714).
This means:
- Fault is based on what caused the accident, not on whether you had a license.
- You can still file a claim and recover compensation even if you were partially at fault.
- Your compensation is reduced only by your percentage of fault.
Example: If you have $100,000 in damages and are found 20% at fault, you can still recover $80,000. Your lack of a license alone cannot be used as your fault percentage unless it contributed to the crash.
How the Other Side May Use It Against You
The defendant or the insurance company may argue that driving unlicensed shows negligence—but they must still prove that your actions (not your license status) contributed to the collision. A qualified attorney can argue that your lack of a license had no impact on how the accident occurred.
Separate Legal Consequences (Not Related to Fault)
Driving without a license is a violation of Vehicle Code § 12500.
You may face:
- A citation or misdemeanor charge
- Fines
- Vehicle impound (depending on the situation)
Still, these penalties do not eliminate your right to pursue a claim against the driver who caused the crash.
Consequences of Not Having Insurance in a Car Crash
Driving without a license rarely affects the outcome of a personal injury claim, but driving without insurance always does, and the legal consequences can be more severe.
In California, every driver is legally required to carry active auto insurance that meets the state’s minimum liability standards. Driving without insurance has serious consequences when a crash occurs — even if the uninsured driver was not at fault.
Under California’s Proposition 213 (Civil Code § 3333.4), an uninsured driver cannot recover non-economic damages in a car accident claim. This means they cannot receive compensation for pain, suffering, emotional distress, or loss of enjoyment of life. They may still recover economic damages, such as medical bills and lost wages, but only if they were not the at-fault party.
Many uninsured drivers believe they might still file a full claim if they are injured, but California law is strict: without insurance, your right to compensation is limited, and you could be left paying large medical bills out of pocket. Our firm has seen cases where victims faced medical expenses in the tens or hundreds of thousands of dollars but were barred from recovering non-economic compensation because they had no insurance at the time of the crash.
Three Different Scenarios for a Car Accident with No License or Insurance
Scenario One: What if I Had an Accident with an Uninsured-Unlicensed Driver?
If you were hit by a driver who had no insurance and no license, your compensation will likely come from your own insurance, not theirs. In California, you may be able to use Uninsured/Underinsured Motorist (UM/UIM) coverage, MedPay, or collision coverage to pay for medical bills, vehicle repairs, and other out-of-pocket losses. These policies exist specifically for situations where the at-fault driver cannot pay for your damages.
If you do not have UM/UIM coverage, your remaining options may include pursuing the at-fault driver personally, but recovery is often limited unless they have significant personal assets.
Even though the other driver broke the law by driving without insurance or a license, their violation does not automatically increase the amount of compensation you can receive. What matters most is that they were at fault for the collision. Once fault is established, your claim is processed through the insurance sources available to you, and your attorney will handle all communication and evidence gathering to maximize the value of your economic damages.
Is it easier to claim compensation in this situation?
It can be easier to prove liability because an unlicensed and uninsured driver is often found negligent, but the real challenge is financial recovery. Since they have no insurance, your compensation will depend heavily on your own policy limits rather than the other person’s financial responsibility. This makes insurance coverage — especially UM/UIM — the most important factor in how much you can ultimately recover.
Scenario Two: What if I Had No Insurance and/or Drivers License?
If you were involved in a crash while driving without insurance and/or a license, your ability to claim compensation in California becomes extremely limited.
Under Proposition 213, uninsured drivers cannot recover non-economic damages (such as pain and suffering), even if the other party was entirely at fault. You may still recover economic damages, including medical bills and lost wages, but only if you can prove the other driver caused the collision. Driving without a license does not, by itself, block your right to compensation — but driving without insurance does.
As for consequences, you may face traffic citations, fines, possible vehicle impoundment, and financial liability if you were at fault.
Scenario Three: What if A Driver with No Insurance and/or License Caused an Accident While Driving My Car?
If an uninsured or unlicensed person was driving your car and caused a crash—whether it was a teenager who took the vehicle without permission or a friend you trusted—your own auto insurance is usually the first source of compensation. In California, insurance follows the vehicle, not the driver. This means your liability coverage may pay for the other party’s damages, and your collision coverage may handle repairs to your vehicle, depending on your policy terms.
If the driver took your car without permission, you may be protected from liability altogether, and the insurer may treat the driver as an excluded or unauthorized user. If you did give permission but did not know they lacked a license or insurance, your insurer may still extend coverage, although the claim may be reviewed more carefully and could affect your premiums.
Bonus ‘What if…’
I Left My Driver’s License at Home
If you were legally licensed but simply didn’t have the physical license with you, California treats this as a minor infraction. You may receive a citation, but the charge is often dismissed once you present a valid driver’s license to the court. In most cases, you only need to show proof that your license was valid at the time of the stop; the court may still require a small administrative fee, but no criminal penalties apply.
I Drove with a Revoked License
Driving with a revoked license is a criminal misdemeanor in California and carries significantly harsher penalties. You may face fines, probation (up to three years), and possible jail time (up to 30 days or more depending on the underlying reason for the revocation). Courts treat this as a serious offense because a revocation usually means the state previously suspended your driving privileges for a major violation.
I Drove with an Expired License
Driving with an expired license can result in a misdemeanor citation, but the consequences are typically less severe than driving on a revoked or suspended license. Courts may dismiss the charge if you renew your license before your court date and provide proof of the renewal. However, until the license is renewed, you are legally considered unlicensed for purposes of traffic enforcement.Call Megeredchian Law at (866) 359-0807 to have a free consultation. Speak with an attorney directly – no call center, no virtual assistant.