If you’ve been in a car accident, you might ask, “Is an unlicensed driver automatically at fault?” An unlicensed driver, even without a valid driver’s license, is not automatically at fault for a car accident in Illinois. Many factors contribute to a motor vehicle accident, and fault isn’t always clear-cut.
If you’re a licensed driver injured in an accident involving an unlicensed driver, seek medical treatment immediately. Then, consult a car accident lawyer from our law firm. We handle personal injury cases and can help you understand your legal options.
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Accidents Involving Unlicensed Drivers and Fault
What Is Illinois Law Regarding Unlicensed Drivers?
Driving without a valid license is against Illinois law. If an accident occurs, many unlicensed drivers may face legal consequences and criminal charges, including citations, fines, or even jail time. Unlicensed drivers involved in accidents may also be liable for damages.
However, an unlicensed driver is not automatically responsible for every car accident in Illinois. Here are a few reasons why:
Lack of a Driver’s License Is Not Necessarily Related to Driving Skills
Not having a driver’s license doesn’t automatically indicate poor driving skills. It may simply mean the car owner didn’t realize they had an expired license, or it was issued somewhere other than Illinois.
Other Factors Can Contribute to Accidents
Other factors like road conditions, weather, or another driver’s actions can cause car accidents and are considered when determining fault in an accident claim.
Mitigating Circumstances
Unlicensed drivers may have mitigating circumstances, like an emergency requiring them to seek medical attention, which could reduce their responsibility if an accident happened.
Can I Seek Compensation from an Unlicensed Driver?
If an accident victim has been seriously injured due to someone else’s actions, they can pursue compensation for:
What Happens If an Unlicensed Driver Is Also Uninsured?
If the unlicensed driver who caused your accident was also uninsured, you should consult an attorney experienced with uninsured motorist cases. Your own insurance company may be an option if the other driver doesn’t carry insurance. Even with an insurance provider, their coverage could be limited. A personal injury attorney can assist with insurance complications from accidents with uninsured drivers and help you explore all legal options to pursue maximum compensation.
How to Prove an Unlicensed Driver Was At Fault
Various types of evidence can prove the other driver’s fault in an accident:
Declaraciones de los testigos
Police reports (especially if the driver was violating the law with a stolen vehicle or suspended license)
Photos of the accident scene
Accident reconstruction
How to Safeguard Yourself Against Unlicensed Drivers in an Accident
Vehicle owners should take these steps to avoid problems with unlicensed drivers in an accident:
Ensure you have a valid license and registration. Make sure your insurance covers your vehicle.
Check that your insurance policy is up to date and meets Illinois law for uninsured motorist coverage, including $20,000 for property damage to another person’s vehicle; $25,000 for injury or death to another person, and $50,000 for injury or death to two other people.
If you’re in an accident with an unlicensed driver, contact law enforcement to create a police report. Do not sign anything until you’ve spoken with a lawyer.
How Can I Recover Damages from an Accident with an Unlicensed Driver?
You may be able to recover damages if you’ve been seriously injured in an accident with someone driving without a driver’s license. Despite the at-fault party’s driving without a license, they may have an auto insurance policy that could cover some or all of your damages. For example, they may have been unaware they had a driver’s license suspension or their license had expired.
Uninsured Motorist Coverage
Even if the unlicensed driver doesn’t have insurance, your own liability insurance policy may help you recover compensation. Illinois requires motorists to include uninsured motorist coverage in their insurance policy. This same insurance coverage can provide compensation for your damages if you’re involved in an accident with an unlicensed and uninsured driver.
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If you’ve been in an accident due to an unlicensed driver’s negligence, we can help you with your personal injury lawsuit. To recover the full compensation you deserve, consult a car accident attorney at our law firm. During a free consultation, a car accident lawyer can explain the legal system and how the at-fault driver can be held liable.
If you have been injured in an accident with an unlicensed driver, seek medical treatment first, then consult a car accident lawyer.
24de octubre, 2025
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