What Happens If You’re Hit by a Driver With No License in Virginia?

Being in a car accident is stressful under any circumstances. Finding out afterward that the driver who hit you didn’t have a valid license makes an already difficult situation significantly more complicated. Finding out that the other driver was unlicensed can raise additional questions about insurance coverage, liability, and your options for recovering compensation.

Why Drivers Operate Without a Valid License

There are several reasons a driver may be unlicensed at the time of a crash. Some never obtained a license in the first place. Others have had their license suspended or revoked and chose to drive anyway. Some are driving on an expired license. Understanding the full picture of how a crash occurred — and what the driver’s history looks like — can be relevant to how a civil claim is evaluated, though it is only one of many factors that may come into play.

Does the Unlicensed Driver Still Have Insurance?

This is the most immediate practical question after a crash with an unlicensed driver. The answer depends on the specific vehicle, driver, policy, and circumstances. Some unlicensed drivers do carry auto insurance. Others have no insurance at all. Whether coverage exists — and whether it applies — depends on the details of the policy involved.

If the unlicensed driver has valid insurance that applies to the crash, your claim generally proceeds against that policy. If there is no applicable liability coverage, your own uninsured motorist coverage may provide an additional source of compensation, depending on your policy and the circumstances. This is one of the clearest illustrations of why carrying adequate UM coverage in Virginia matters so much.

Can You Sue an Unlicensed Driver Directly?

Yes — but the practical value of a lawsuit against an unlicensed driver depends heavily on whether that person has assets or income to satisfy a judgment. A judgment in your favor may be legally sound but difficult to collect.

That said, pursuing a civil claim is still worth evaluating carefully with an attorney. Every situation is different, and there may be other avenues for recovery that aren’t immediately obvious — including coverage under your own policy, or potential liability that extends to a third party.

When the Vehicle Owner May Share Responsibility

One important question to explore after a crash with an unlicensed driver is who owned the vehicle. If the car belonged to someone other than the driver — a family member, employer, or friend — the owner’s potential liability depends on the specific facts and Virginia law.

Virginia recognizes the doctrine of negligent entrustment. In some circumstances, a vehicle owner who knowingly allowed an unlicensed or otherwise unsafe driver to use their vehicle may face civil liability for harm that driver causes. Whether this applies in a specific situation — and whether any insurance coverage would be available through the owner’s policy — depends on the facts and how the policies involved are written. This is an avenue worth exploring promptly, as the relevant evidence can fade over time.

Liability for the Crash Still Depends on How It Happened

It’s worth noting that an unlicensed driver’s status does not by itself establish that they caused the accident. Fault still depends on how the collision occurred — who had the right of way, what traffic laws applied, and what each driver did or failed to do in the moments before impact.

Virginia’s contributory negligence rule also remains in effect. If evidence suggests you may have contributed to the crash in some way, that can complicate your claim. This is one reason why thorough documentation of the crash from the very beginning — and early involvement of an attorney — matters in these cases.

What to Do If an Unlicensed Driver Hits You

Call 911 and make sure a police report is filed. Law enforcement will document the driver’s license status, which is relevant evidence for your claim. Seek medical attention right away, even if you feel okay initially. Notify your own insurance company about the crash. And consult a personal injury attorney before giving any recorded statements or accepting any settlement offers — the coverage and liability questions in unlicensed driver cases can be more complex than they first appear.

DBWLE Can Help You Navigate the Complexities

When the driver who hit you has no license — and potentially no insurance — you need an attorney who knows how to identify every available avenue for compensation and move quickly to protect your rights.

We serve clients in Fredericksburg, Spotsylvania, Culpeper, Warrenton, Fauquier County, Louisa County, Orange County, Rappahannock County, Madison County, Stafford County, Greene County, Albemarle County, Fluvanna County, and Caroline County.

Our auto accident attorneys offer free consultations with no obligation — and we only get paid if we recover compensation for you.

Contact DBWLE today to speak with a member of our team.