What Happens If You Get Hit by Someone Without a License in Virginia?
The other driver hit you. The police showed up. Then you found out the driver who caused the crash does not have a valid license. Maybe it was suspended, revoked, or they never had one.
You’re wondering whether you can still recover compensation.
The short answer is yes. The fact that the other driver was unlicensed does not automatically bar your claim. But it does create complications you need to understand.
Is Driving Without a License Illegal in Virginia?
Yes. It is illegal to drive without a valid license. If a driver is caught operating a vehicle without a license, they face criminal charges, including fines, potential jail time, and further suspension of driving privileges.
But that is a criminal matter. Your personal injury claim is a civil matter. The two are separate.
The criminal case against the unlicensed driver does not affect your right to file a claim for your injuries. You can still sue. You can still recover damages. The question is whether the driver or their insurance company will actually pay.
Does the Other Driver's Insurance Cover the Accident If They Were Driving Without a License?
It depends on the insurance policy and the circumstances.
Most auto insurance policies have exclusions for drivers who are not licensed or who are driving in violation of their license restrictions. But those exclusions are not always absolute.
If the unlicensed driver was the named insured on the policy, meaning the policy was in their name and they were paying the premiums, the insurance company may still provide coverage even though they were driving without a valid license. Courts have held that insurers cannot collect premiums from someone and then deny coverage when a claim arises just because the person's license was suspended.
If the unlicensed driver was driving someone else's car, the car owner's insurance may provide coverage under the permissive use clause. This depends on whether the owner knew the driver was unlicensed when they permitted to use the vehicle.
If the owner knew the driver was unlicensed and let them drive anyway, the insurance company may deny coverage based on the policy exclusion for unlicensed drivers.
This is why one of the first things that happens after an accident involving an unlicensed driver is a coverage investigation. The insurance company reviews the policy, the relationship between the driver and the vehicle owner, and whether any exclusions apply.
What If the Insurance Company Denies Coverage Because the Driver Was Unlicensed?
If the at-fault driver's insurance company denies coverage, you have two options.
File a claim under your own uninsured motorist (UM) coverage. If you have UM coverage on your own auto policy, it pays for your injuries when the at-fault driver has no insurance or when their insurance denies coverage. A denial based on an unlicensed driver exclusion is treated the same as if the driver had no insurance at all.
Sue the unlicensed driver personally. You can file a lawsuit against the driver and pursue a judgment for your damages. But a judgment is just a piece of paper. If the driver has no assets, no income that can be garnished, and no property to put a lien against, the judgment may be uncollectible.
Does Virginia Require Unlicensed Drivers to Carry Insurance?
No. If a driver does not have a valid license, they are not legally allowed to drive at all. Virginia law does not require them to carry insurance because they are not supposed to be on the road in the first place.
But some unlicensed drivers do carry insurance anyway, either because they had a valid license when they bought the policy and it later got suspended, or because they are driving someone else's insured vehicle.
What If the Unlicensed Driver Was Driving Someone Else's Car?
This is one of the most common scenarios. Someone with a suspended or revoked license borrows a car from a friend or family member and causes an accident.
The car owner's insurance policy may provide coverage under the permissive use clause, which extends coverage to anyone the owner permits to drive the vehicle. But most policies have an exclusion for drivers the owner knew or should have known were unlicensed.
If the car owner did not know the driver's license was suspended, the insurance company may provide coverage. If the owner did know, coverage would likely be denied.
The burden is on the insurance company to prove the owner knew the driver was unlicensed. If they cannot prove it, coverage applies.
What If the Unlicensed Driver Was Driving a Rental Car?
Rental car companies require a valid driver's license before renting a vehicle. If someone rents a car using a fake or invalid license, the rental agreement is void.
The rental company's insurance will not cover an accident caused by an unlicensed driver. And the driver's personal insurance, if they have any, will likely deny coverage as well.
This means your only option may be to file a UM claim with your own insurance company.
Can You Still Recover Damages If the Other Driver Was Unlicensed?
Yes. The driver's lack of a license does not change your right to recover compensation. It just affects where that compensation comes from.
If their insurance covers the accident, you file a claim like you would in any other case. If their insurance denies coverage, you file a UM claim with your own insurer. If you do not have UM coverage, you can sue the driver personally.
The unlicensed driver is still liable for the damages they caused. The license issue is about whether insurance will pay, not whether the driver is responsible.
Does the Fact That the Driver Was Unlicensed Help Your Case?
Not directly. The fact that the driver did not have a valid license does not prove they caused the accident.
But it can be used as evidence of negligence. A driver who is operating a vehicle without a license is already violating the law. That violation, combined with evidence that they caused the crash, can strengthen your case.
In some cases, driving without a license can also be evidence of reckless disregard for the safety of others, which may support a claim for punitive damages if the facts are serious enough.
What If Your Own Insurance Company Denies Your UM Claim?
If you file a UM claim because the at-fault driver's insurance denied coverage, and your own insurance company also denies the claim, you may need to file a lawsuit against your own insurer.
UM coverage exists to protect you when the at-fault driver has no insurance or when their insurance refuses to pay. Your insurance company cannot deny a valid UM claim just because the other driver was unlicensed.
But they may try. And if they do, you need an attorney who knows how to fight UM coverage disputes.
Does the Unlicensed Driver Face Criminal Charges?
Yes. Driving without a valid license is a criminal offense in Virginia. The driver will be charged, and if convicted, they face fines, possible jail time, and an extended period before they can apply for license reinstatement.
But the criminal case is separate from your personal injury claim. The outcome of the criminal case does not affect your right to recover damages.
What If the Unlicensed Driver Fled the Scene?
If the unlicensed driver hit you and then fled, you are dealing with both an unlicensed driver and a hit-and-run. If the driver is never identified, your only option is to file a UM claim with your own insurance company.
The police report documenting the hit-and-run is critical evidence for your UM claim. Without it, your insurance company may dispute whether the accident actually happened.
What If the Unlicensed Driver Was Also Drunk?
If the driver was both unlicensed and intoxicated, you may be able to pursue punitive damages in addition to compensatory damages. Punitive damages are designed to punish conduct that shows willful and wanton disregard for the safety of others.
Driving drunk without a license meets that standard. But punitive damages are not covered by insurance. They come out of the driver's personal assets, which means they may not be collectible even if awarded.
Can the Unlicensed Driver Be Sued for More Because They Were Driving Illegally?
Not directly. The damages you recover are based on your injuries, not on how bad the driver's conduct was. Whether the driver had a license or not does not change the value of your medical bills, lost wages, or pain and suffering.
But as mentioned, the fact that the driver was unlicensed and chose to drive anyway can support a punitive damages claim if the circumstances justify it.
What Should You Do If You Were Hit by an Unlicensed Driver in Virginia?
Get the police report. Make sure the officer documents that the driver did not have a valid license. This is critical for your insurance claim.
Report the accident to your own insurance company immediately. Let them know the other driver was unlicensed. Ask whether you have UM coverage. If you do, start the UM claim process.
Do not assume the other driver's insurance will cover the accident. The unlicensed driver exclusion is real, and insurance companies use it to deny claims.
Preserve all evidence. Photos of the damage, medical records, witness statements, and anything else that shows what happened and what injuries you sustained.
Call a Virginia personal injury attorney before you make any decisions about your claim. Unlicensed driver cases are more complicated than standard liability claims because of the coverage issues involved.
The Bottom Line
If you were hit by an unlicensed driver in Virginia, you can still recover compensation. But the path to recovery may be more complicated than a standard car accident claim.
The unlicensed driver's insurance may deny coverage. You may have to file a UM claim with your own insurer, sue the driver personally, and deal with issues of collectability.
The driver's lack of a license does not bar your claim. But it does create obstacles you need to be prepared for.
If you were injured by an unlicensed driver and the insurance company is denying coverage or disputing your claim, you need someone who knows how to navigate the coverage issues and fight for your recovery, and that is where Valor Injury Law comes in.
With over 13 years of experience handling complex coverage disputes and UM claims when the at-fault driver's insurance refuses to pay, we can help you with your case.
Call 703-810-7572 for a free consultation. We will review the accident, the insurance coverage issues, and your options for recovering compensation.