It is illegal to drive a motor vehicle without a valid driver's license. So, if you are driving on an expired license and are involved in an accident, you may wonder if you can file a car accident claim with your insurance company.
Other questions you may have are: Would your claim be rejected? If your claim exceeds your PIP coverage limits, can you file a claim with the other driver's insurance policy and would they reject it?
We will answer these questions and more about expired driver's licenses and accident claims below. If you have any questions regarding any part of your auto accident claim, our goal is to assist you at Brandon J. Broderick, Attorney at Law. Our car accident lawyers are standing by, ready to take your call.
Can My Claim Be Denied By The Insurance Company For An Expired License?
Depending on your policy's terms, it is possible. Your insurance provider may be able to deny coverage if they discover that you did not have a current and valid driver's license at the time you purchased the policy.
The insurance company may not be able to deny coverage if your driver's license was still valid when you purchased the policy and it expired later.
Car accident victims in New Jersey generally file a claim with their own insurance company since it is a no-fault state. Your own PIP policy will cover damages for medical costs and lost wages. If your losses exceed your PIP cover limits, you may need to file a claim with the at-fault driver's insurance company. Whether or not you have an expired license will not impact your claim. Instead, it is up to you and your attorney to prove fault against the other driver.
However, if the other driver's license is expired, it may have a negative impact on your ability to seek compensation with their insurer. In a case like this, it is important to consult with an experienced New Jersey car accident attorney for more insight into your legal options.
If You Are Partially At Fault
You may still be eligible for compensation if it is determined that you are partially at fault in an accident when you were driving with an expired license. Your percentage of fault could, however, be deducted from your settlement award.
Driving on an expired license cannot cause an accident, so it makes no difference on a driver's action and whether they are negligent.
If My Claim is Denied Due to An Expired License, Can I Appeal It?
If your claim was rejected for an expired license, an insurance company may not have the legal right to do so. If this occurs, you should consult with an attorney to determine where you can appeal the insurance company's decision and win compensation.
Getting your license renewed may be beneficial to your case. This could demonstrate that you are considering the situation carefully and that driving without a license is not something you do often.
Your lawyer can check the terms of the at-fault driver's liability policy and your PIP coverage for any mention of an expired license and to determine the next actions you need to take before submitting a claim.
What Penalties Are There For Driving on an Expired License?
Remember that driving without a valid license is a traffic infraction that carries a fine, even if your claim with an expired license is accepted.
If your license is found to be expired while driving in New Jersey, you will be fined $100 a year for a maximum of three years. A license suspension could happen if payment is not made.
Additionally, since the law changed in 2018, keep in mind that your driver's license expires on your birthdate rather than at the end of the month.
Call Brandon J. Broderick, Attorney at Law For Legal Help
If you've been involved in a NJ car accident, the attorneys at Brandon J. Broderick, Attorney at Law can help. Our attorneys have handled a wide range of car accident claims, as well as personal injury cases, recovering damages for our clients that have helped them move on with their lives.
Allow us to do the same for you. Call us today to go over the details of your case. You are a free consultation away from getting the legal help you need.