Car Accident with an Expired Driver’s License

 A car has just rear-ended you on the freeway. You both pull over to the shoulder and exit the vehicle to exchange information, such as insurance cards and driver’s license information. You take out your driver’s license from your wallet then realize that your driver’s license has been expired for about 3 months now. You forgot to renew it. Although the accident was not your fault, could you still be able to file a lawsuit against the at-fault party? Could your insurance company still cover the damage? Do you need to hire a lawyer to litigate the fact that you did not have a valid driver’s license?

According to the National Highway Transportation and Safety Administration, millions of people in the United States drive without a valid license every day. A driver’s license could be considered invalid for various reasons, such as a DUI conviction, failure to obtain car insurance, or failing to renew a driver’s license. According to a report by AAA, 1 in 5 car accidents that resulted in fatalities involved a driver that did not have a valid license. Further, the study stated that three major reasons for an invalid license were because the license was expired, the driver drove without even having a license, or the license was suspended.

This is a common scenario that many American drivers find themselves in. Every accident situation is different; therefore, it is still important to hire an experienced car accident attorney to better determine your specific case and how to ensure maximum compensation for you. Our car accident attorneys at Heidari law have decades of experience litigating accident claims. If you have found yourself in a car accident with an expired driver’s license, call our offices to better determine your situation and how to mitigate your faults.

In general, driving with an expired driver’s license is only a minor offense and results in citations or infractions. However, the circumstance may change when a victim of a car accident was driving with an expired driver’s license.

California is considered to be an at-fault state. In California, a person who has been involved in a car accident with an expired license is still able to file a claim against the insurance company. But the insurance company will assert as a defense that you did not drive with a valid license. That will be one of their main arguments to end up paying a lower amount. In cases like these, it is important to hire an experienced car accident attorney to mitigate any fault. California follows the comparative negligence fault standard, as outlined in California Civil Code Section 1714. This means that if the plaintiff is found partially at fault for their injuries, their total recoverable damages will be reduced in proportion to their degree of fault. For instance, if a plaintiff is found to be 20% at fault for the accident, their awarded damages will be reduced by 20%. However, the plaintiff will still be able to collect damages from the defendant, it will just be decreased. For more information on comparative negligence standards, please contact our team. Another strategy that insurance companies use is increasing the premiums for the driver after the claim has been filed because he drove with an invalid license.

Generally, being able to collect damages depends on the insurance policy. So, what happens if you have a car accident without insurance? If the insurance policy has a specific statement in their contract that limits damages if the driver is found with an expired license, then the plaintiff most likely will not be able to file a claim. However, if it is not included in the contract, the plaintiff will be able to argue that driving with an expired license has no effect on the car accident that has occurred.  An experienced car accident attorney could assert that driving with an expired license has not caused the plaintiff injuries, but the defendant’s negligent conduct when driving caused the accident. While an expired license alone does not indicate reckless driving, insurance companies may argue that it reflects a lack of responsibility, potentially affecting settlement negotiations. Additionally, if a police report indicates any traffic violations at the time of the accident, such as speeding or failing to yield, it could be used as evidence to weaken the plaintiff’s case. In such instances, legal representation becomes even more critical. Rather, the plaintiff will be able to assert that defendant was negligent when engaging in reckless behavior while driving.

If your insurance company has failed to provide fair compensation, consider taking the following steps before pursuing legal action:

1. Gather Documentation: Collect all necessary documents, including police reports, medical records, witness statements, and correspondence with the insurance company.
2. Request a Policy Review: Review your insurance policy to understand coverage limitations, exclusions, and possible defenses they may use.
3. File a Formal Appeal: If the insurance company denies or undervalues your claim, submit a formal appeal with supporting evidence.
4. Seek Legal Advice: If negotiations fail, consult with an experienced car accident attorney to explore litigation options.”

Our experienced car accident attorneys are prepared to assist you in your legal claims against the insurance company.

How Long Could You Drive with an Expired License in California?

Different states have different laws in place that determine how long you could drive with an expired license. In California, you have up to 60 days to renew a driver’s license after its expiration. After 60 days, a driver may be cited under California Vehicle Code Section 12500(a) for operating a vehicle without a valid license, which could result in a misdemeanor charge or a fine of up to $250 for a first-time offense. In some cases, repeat offenders could face additional penalties, including vehicle impoundment. If an accident occurs while driving with an expired license, the citation could also be used as evidence to limit a driver’s claim for damages in an insurance dispute or lawsuit.

How to Renew Your Driver’s License

It is important to constantly check on the expiration of your driver’s license. Many states allow licenses to be renewed up to six months before the expiration. There are different ways you can renew your driver’s license, which include:

• Online through the DMV portal
• Sending in the form by mail
• In-person at the DMV office
• Over the phone

Renewing Your Driver’s License Online

Renewing your driver’s license through the DMV portal is the simplest way to renew. It skips long lines at the DMV with three simple steps:

1. Login to the Department of Motor Vehicles online portal.
2. Make an account through the portal
3. Pay the renewal fee to register your driver’s license

In order to avoid any repercussions, our experienced car accident attorneys advise that drivers constantly maintain and update their driver’s license, along with their auto insurance. Driving without a valid driver’s license is very risky behavior, and the consequences could be quite severe depending on the type of accident. In certain cases, your car could even end up being impounded.

Driving with an expired license, and then getting involved in a car accident is a very difficult and stressful situation to be in. Many drivers are seen scrambling looking for legal help. It is important to seek experienced car accident attorneys to better help your case end mitigate your fault.

Frequently Asked Questions

Will an expired license affect my ability to file a car accident claim?

Having an expired license does not prevent you from filing a car accident claim, as fault is determined by the actions leading to the accident, not the license status. However, the insurance company may try to argue that driving without a valid license reflects negligence, which could impact your compensation. In states like California, which follow a comparative negligence rule, your settlement could be reduced if the expired license is used against you. Consulting with a car accident attorney can help minimize these arguments and maximize your claim.

Can I still receive compensation if the other driver was at fault, but my license was expired?

Yes, you can still seek compensation if the other driver was at fault, as an expired license does not automatically make you responsible for the accident. However, insurance companies may attempt to use your expired license as a tactic to devalue or deny your claim. They might argue that your lack of a valid license reflects unsafe driving habits, even if you were not at fault. A skilled attorney can help counter these arguments and ensure you receive the compensation you deserve.

Will my insurance cover damages if I was driving with an expired license?

It depends on your insurance policy terms. Some policies explicitly state that coverage is void if the driver does not have a valid license, while others may still provide coverage but increase your premiums. If your policy does not mention exclusions for an expired license, you may still be covered, but the insurance company might attempt to limit or deny your payout. Reviewing your insurance contract and seeking legal guidance can help clarify your options.

Can an expired license lead to criminal charges after a car accident?

In most cases, driving with an expired license is a minor offense, typically resulting in a traffic citation or fine. However, if the expired license is combined with other violations—such as reckless driving, DUI, or causing a serious accident—you could face additional charges. Some states classify driving with an expired license as a misdemeanor, which can lead to higher fines or even temporary vehicle impoundment. It’s crucial to check your state’s laws and renew your license as soon as possible to avoid legal trouble.

What should I do if the at-fault driver had an expired license?

If the at-fault driver had an expired license, you should proceed with the accident claim as you would in any other case. The primary concern in determining fault is the actions that caused the accident, not whether the driver’s license was valid. However, if the at-fault driver was uninsured due to the expired license, recovering damages may become more complicated, requiring legal action. Consulting with a personal injury attorney can help explore alternative compensation options, such as uninsured motorist coverage.

How does comparative negligence apply if I was driving with an expired license?

Comparative negligence means that fault is divided between all parties involved in an accident based on their degree of responsibility. If you were driving with an expired license but did not cause the accident, your expired license may not significantly impact your claim. However, the insurance company might argue that your expired license is an indicator of negligence, potentially reducing your settlement. A lawyer can help dispute such claims and ensure you are not unfairly penalized.

Will my car be impounded if I get into an accident with an expired license?

In some states, law enforcement officers have the discretion to impound your vehicle if you are found driving without a valid license. Whether your car gets impounded depends on the severity of the violation and state laws. If your expired license is only a few days or weeks overdue and you have proper registration and insurance, you might just receive a citation instead. To avoid potential impoundment, always keep your license up to date.

How soon should I renew my driver’s license after an accident?

It is recommended that you renew your driver’s license as soon as possible after realizing it has expired, even if the accident has already occurred. Some states offer a grace period of 30 to 60 days, but waiting too long can result in additional fines or complications with insurance claims. Renewing your license promptly also demonstrates responsibility and may prevent insurance companies from using it against you in a settlement. Check your state’s DMV website for renewal options and requirements.

Can an expired license impact my ability to sue for injuries after a car accident?

No, an expired license does not take away your legal right to sue for injuries if another driver was at fault. However, the defense may use it as a tactic to reduce the amount of compensation you receive by arguing negligence on your part. If you were injured, your priority should be seeking medical attention and gathering evidence to support your case. Having an experienced personal injury lawyer can help strengthen your claim and prevent unfair reductions in compensation.

What happens if my insurance company denies my claim due to an expired license?

If your insurance company denies your claim based solely on an expired license, you have the right to dispute the decision. First, request a written explanation from your insurer and review your policy for any specific exclusions. If your policy does not explicitly deny coverage for expired licenses, you may be able to challenge the denial through an appeal or legal action. An attorney can help negotiate with the insurance company and, if necessary, file a lawsuit to recover your rightful compensation.

Get in Touch!

Unless we win your car accident case, we will not charge you a fee. Our attorneys are available 24 hours a day and 7 days a week. If you or a loved one have been injured in a car accident, contact us today. We have offices in major cities located in California and Nevada. We will handle the difficult parts of your legal claim. We will provide you with a piece of mind while you focus on healing from your car accident injuries. We are always readily available for our clients with accessible offices in Los Angeles, Fresno, Sacramento, Irvine, and Las Vegas. Heidari Law Group will be there to assist you.

***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this page, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.