What Happens if an Unlicensed Driver Has an Accident With My Car in California?

The laws surrounding car accidents in California can be confusing enough. When an unlicensed driver is involved, people often have to ask, “What happens if an unlicensed driver has an accident with my car in California?” An experienced Orange County car accident attorney can help explain what to expect during your legal case.

What Happens if Someone Without a License Gets Into a Car Accident in California

If a person without a license gets into an accident, the same rules apply to them as they do to anyone else. Everyone has a legal responsibility to act with care while operating a vehicle. Depending on who was at fault for the crash, that person may be responsible for paying the injured party for the damages they caused by their actions.

However, drivers without licenses may face different penalties than drivers with licenses. If a person driving your car gets into a crash and isn’t listed on your insurance policy, the ramifications can be severe.

In 2025, there were 35,983,261 registered vehicles operating throughout California. That same year, there were approximately 28,173,816 licensed drivers in the state. The number of drivers means that the likelihood of an auto accident is high. In 2023, 4,061 people died from a motor vehicle accident in California.

Insurance Laws in California

Your insurance company may deny your claim if the driver who crashed your vehicle was unlicensed and not permitted to operate your car. Permission for individual people can either be expressly written in your insurance policy or implied, if it’s normal behavior for the driver to use your car.

However, even permitted drivers are likely to face claim denial if they’re unlicensed.

This means that the insurance company won’t pay you for the damages done to your vehicle during the accident. However, the driver who was responsible for the crash is typically the one in charge of paying damages during a personal injury case, not the owner of the vehicle.

How a California Car Accident Attorney Can Help You

If you were involved in the crash, it’s important to hire a car accident lawyer to help you through every stage of the legal process. They be able to help you collect and preserve:

• Eyewitness testimony
• Testimony from professionals about what they believe caused the crash
• Footage from surveillance cameras, dash cameras, and traffic cameras that caught the incident on tape
• Photos and videos taken at the time of the crash of your injuries, damage to the vehicle, and your personal belongings, and the accident site, including any skid marks or property damage caused by the wreck
• Transcripts of the 911 call
• Copies of the incident report, your medical records and bills, and proof of other financial losses, such as lost income

Your attorney can then represent you during legal proceedings, both in mediation and during a potential trial. Mediation is typically the first step in a car accident case. It’s an alternative to trial that allows both sides to meet with a professional mediator to discuss a settlement agreement.

This option helps the involved parties maintain control over the outcome of the case. If they can agree, the case can end there. If they can’t agree, the case then proceeds to trial, where a judge or jury can have the final say.

FAQs

Does an Unlicensed Driver Have to Pay for Damages in California?

In California, an unlicensed driver doesn’t necessarily have to be the one to pay for damages after a car accident. Regardless of their registration, courts determine who must pay damages by assigning everyone involved in the incident a percentage of fault. Not being licensed could raise their percentage of fault.

Even if the victim is found to be partially at fault for the incident, they can still recover compensation. Any compensation awarded is reduced by the victim’s percentage of fault.

Should I Call the Police After a Car Accident With an Unlicensed Driver?

After a car accident with an unlicensed driver, you should call the police to report what happened. This is a good rule to follow for every accident, no matter how minor. It’s crucial to have law enforcement write up an incident report after the accident so it can be used as evidence in your legal case. Legally, those involved in accidents must report the accident if someone is injured, dies, or the crash caused $1,000 worth of property damage.

Does the Reason Why the Driver Isn’t Licensed Matter in California?

The reason a driver isn’t licensed matters in California, because those reasons carry differing consequences and legal penalties. If the driver just never got a license, they may face either an infraction or a misdemeanor, depending on the specific circumstances. If the driver’s license was suspended for reckless driving, they may face jail time and various fines.

First-time offenses have a fine between $300 and $1,000. The fines increase for every additional offense, as well as the jail time.

What Should I Avoid Doing After a Car Accident With an Unlicensed Driver?

After being in a car accident with an unlicensed driver, you want to avoid arguing with them. This could make things heated, making them less likely to cooperate with you by giving their information or cooperating in your legal case. You also want to avoid apologizing to them or admitting fault. Even if you do so instinctively and with good intentions, it may be used against you. It’s better to stay quiet until you’re able to consult with an attorney.

Hire a Car Accident Lawyer From Duque & Price

For over 20 years, the attorneys at Duque & Price have been a pillar in California’s legal community. Our team knows that what happens during a personal injury case has a lifelong impact on a person’s well-being. We value making legal knowledge accessible to our clients, providing transparent advice so they can make informed decisions about their case.

No matter what happened during your car accident, you deserve a lawyer who listens and makes the legal process as accessible as possible. When you work with Duque & Price, you’re working with a team of California residents who have dedicated their professional lives to protecting their neighbors and community members. Contact us today to learn the ways our skilled attorneys can help during this difficult time.

About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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