- Car Accidents
Can You File a Car Accident Claim If Your License is Expired?
An expired license can create stress if you are in a car crash in Georgia. You may worry about insurance coverage and whether you can still get compensation. The good news is that even with an expired license, Georgia law does not stop you from filing a car accident claim.
In this blog, you will learn how having an expired license affects a car accident claim in Georgia, what Georgia law says, and how working with an experienced Fayetteville car accident lawyer can help you recover compensation.
The Impact of an Expired License on Georgia Car Accident Claims
Having an expired license does not always stop you from filing a car accident claim in Georgia. Here is what you should know.
Georgia Law and Expired Licenses
Driving with an expired license is a violation of Georgia law. Georgia law, O.C.G.A. § 40-5-20, requires drivers to hold a valid driver’s license when operating a motor vehicle. If you drive with an expired license, you could face fines or a written warning from the police officer. You may also have to appear in traffic court to answer for driving without a valid driver’s license.
How Expired Licenses Affect Insurance Claims
An expired license does not automatically stop you from filing an insurance claim. However, insurance companies often see an expired license as proof of the driver’s negligence. This can make it harder to recover compensation if you were at fault. If you were not at fault, you still have the right to pursue compensation from the at fault party and the other driver’s insurance company.
Insurance companies may use an expired license to argue that you should not get the full value of your car accident claim. They might also say your expired license affected your ability to drive safely. You will need to gather evidence to show that the other driver caused the crash.
Potential Penalties and Consequences
If your license expired, you may face other penalties besides insurance coverage problems. These could include a fine, a written warning, or points on your driving record. In some cases, you might have to pay higher insurance premiums when you renew your insurance policy. The Georgia Department of Driver Services can give you information about how to renew your expired driver’s license.
An expired license does not erase your right to seek compensation. You can still file a claim for medical bills, lost wages, and damage to your vehicle if the other driver caused the accident. An experienced car accident lawyer can help you recover compensation even if your license was expired at the time of the crash.
How Insurance Companies Handle Claims with an Expired License
Insurance companies often look at whether a driver had a valid license when a car accident happened. This can affect how they handle a claim.
Adjusters and License Status
Insurance adjusters use the status of your driver’s license when they review a car accident claim. If your license was expired, they may say you were negligent. This can limit the amount they are willing to pay for your claim. Adjusters may also say your expired license shows you did not take care to drive safely.
Coverage and Payout Disputes
Your insurance company might still pay for your injuries and damages if you were not at fault. In Georgia, the law says that insurance companies must cover the injuries and losses of drivers who were not at fault. However, insurance companies may argue that your expired license should reduce the payout amount. They may also look for reasons to deny your claim or offer less than the fair settlement amount.
Other Driver’s Insurance Company
If the other driver was at fault, their insurance company will usually pay for your damages. However, they might also point to your expired license as a way to say you were partly to blame. Georgia follows a modified comparative negligence rule. This means if you are found to be 50 percent or more at fault, you cannot recover compensation. If you are less than 50 percent at fault, your total compensation can be reduced by your share of fault.
Impact on Future Insurance Premiums
Driving with an expired license can also affect your future insurance premiums. Your insurance company may raise your rates or decide not to renew your policy. Renewing your driver’s license as soon as possible can help avoid some of these issues.
Legal Rights and Georgia Law: Your Ability to File a Claim
Even if your driver’s license is expired, you still have the legal right to file a car accident claim in Georgia.
Right to File a Claim
Georgia law allows drivers to file a claim against the at fault party if they are injured in a car accident. O.C.G.A. § 51-1-6 says that people can seek compensation for injuries and damages caused by another driver’s negligence. This law applies even if your license was expired at the time of the accident.
Negligence and Fault
Georgia law does not say that an expired license automatically makes you at fault. The most important factor is who caused the accident. If the other driver was careless and caused the crash, you have the right to seek compensation. You can file an insurance claim with the other driver’s insurance company or your own if needed.
What You Can Claim
You have the right to claim compensation for medical bills, lost wages, and other costs. You can also claim money for pain and suffering if the accident caused serious injuries. An expired license does not cancel these rights.
Importance of Legal Representation
A car accident attorney can help you gather proof to show you were not at fault. They can also help you deal with the insurance company and fight for the maximum compensation. Renewing your license as soon as possible can help show you are taking care of your driving privileges.
Steps to Take After an Accident With an Expired License
If you were in a car accident and your license is expired, take these steps to protect your rights and your claim.
Report the Accident
Call the police officer to report the accident. An accident report is important for your insurance claim and any possible court case. Tell the officer what happened and get a copy of the report for your records.
Gather Evidence
Collect as much information as you can at the accident scene. Take photos of the cars, damage, and the road. Get contact details for the other driver and any witnesses. Save any medical records and bills related to your injuries.
Renew Your License
Renew your driver’s license as soon as possible. The Georgia Department of Driver Services can help you with this. A renewed license can help show the insurance company and the court that you are taking steps to fix the license expiration.
Contact Your Insurance Company
Tell your insurance company about the accident. Give them the information they ask for to start the insurance claim. Be honest about the expired license but focus on the facts of the crash.
Seek Medical Care
If you have injuries, get medical care right away. Keep records of doctor visits, prescriptions, and any physical therapy. This information can help prove your injuries for your car accident claim.
Get Help From a Car Accident Lawyer
Talk to a car accident lawyer if you have questions or problems with your insurance claim. A lawyer can help you understand your legal rights, gather proof, and work to get you a fair settlement. Many car accident lawyers offer a free consultation to review your case.
Consult With Wade Law After Your Car Accident ASAP!
If you have been in a car accident and have questions about your expired license, reach out to our team at Wade Law. Our experienced Fayetteville car accident lawyers can guide you through the process and fight for your right to fair compensation. We offer a free consultation and are ready to help you understand your legal options and recover what you deserve.
Contact us at 770-282-1188 for a free claim review today!
