Here's an summary about the potential for an uninsured and unlicensed driver to sue:
1. Liability and Insurance:
In most jurisdictions, drivers are required to have liability insurance to cover damages they may cause to others in an accident. Driving uninsured and unlicensed is illegal and puts individuals at a higher risk of legal consequences, including civil lawsuits. However, just because a driver is uninsured or unlicensed doesn't mean they can't sue for damages sustained in an accident.
2. Comparative Negligence:
Many jurisdictions follow the concept of comparative negligence , where the amount of compensation awarded to an injured party in an accident may be reduced based on their degree of fault or negligence. If an uninsured and unlicensed driver contributes to the accident in some manner, their own negligence could potentially reduce the damages they are entitled to recover.
3. Personal Injury Claims:
Uninsured and unlicensed drivers may still file personal injury claims against other parties involved in an accident if they believe their injuries were caused by the other party's negligence. If the uninsured and unlicensed driver can demonstrate that the accident was not caused by their own violations (e.g., they had a valid license in the past but forgot to renew it), they may be able to pursue compensation for their injuries.
4. Legal Defense:
The uninsured and unlicensed driver's status may impact the legal strategies available to them and their ability to present a strong case in court. Since driving uninsured and unlicensed is illegal and could be seen as a contributing factor to the accident, the opposing party's legal team may use that against them during the lawsuit.
5. Insurance Company's Rights:
If you (as the insured driver) have insurance coverage, your insurance company may have a subrogation right to recover the damages they paid on your behalf from the uninsured and unlicensed driver. If successful, this could reduce the amount you have to pay them .
6. Statute of Limitations:
Uninsured and unlicensed drivers must still comply with the statute of limitations for filing a personal injury lawsuit. Failure to file within the timeframe specified by law could result in their case being dismissed.
It's important to note that laws and regulations regarding car accidents and uninsured drivers can vary by jurisdictiion, so it is advisable to consult with a local attorney to understand the specific laws and consequences applicable in your case.
