What Happens if You’re in an Accident with an Unlicensed Driver in Louisiana?

If you’ve been hit by someone who can’t legally drive, your mind probably races fast. You wonder how you’ll pay your bills and fix your car. Getting hit is bad enough. Finding out the other driver didn’t have a license makes things harder. In Louisiana, driving without a valid license is illegal. This can affect insurance, liability, and how you get money back. This FAQ guide from Louisiana car accident lawyer, Loyd J Bourgeois, answers common questions and helps you protect your rights.

If you’ve been in an accident caused by an unlicensed, suspended, or learner’s‑permit driver in Louisiana, your legal path depends on fault and insurance coverage, not just license status. Steps to protect your claim include: immediately calling 911 and seeking medical attention; documenting the crash (e.g., photos, witness info, license status); reporting to your insurer; and reviewing your uninsured/underinsured motorist coverage.

Fault is still determined by what caused the crash, but an unlicensed driver can weaken their credibility, helping your case of proving fault. However, it could complicate insurance coverage. If coverage is denied or the driver lacks insurance, your UM/UIM policy or a lawsuit may cover your damages. Acting quickly and consulting a lawyer early can preserve evidence, enforce fault, identify coverage, and maximize compensation for medical bills, car repairs, lost wages, pain, and suffering.

What If the At-Fault Driver Didn’t Have a License?

You might think that someone driving without a license is automatically to blame. That’s not true. Fault still depends on what caused the wreck: speeding, running a stop sign, texting, or other errors.

However, not having a license does raise big red flags. It hurts their credibility and can make them look irresponsible in court. It helps your case. Insurance companies may fight harder, but jurors often side with someone who followed the law.

What Should I Do Right After the Crash?

1. Call 911 so police come to the scene.
2. Get medical help even if you don’t feel hurt right away.
3. Exchange information and ask about their license status.
4. Take photos of the scene, car damage, and license or lack of one.
5. Talk to witnesses and get their contact info.
6. Report it to your insurance company.

How Does Insurance Handle the Crash?

If the unlicensed driver has insurance, it might not cover them. Many insurance policies include a “named driver” clause. That means only drivers listed on the policy are covered. The insurer may deny coverage for an unlicensed driver not listed. If no policy exists or coverage is denied, you may need to use your own insurance or take legal action.

Will I Need Uninsured Motorist Coverage?

Yes, if the at-fault driver has no insurance or no coverage. Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage is exactly for this. It pays for your medical bills and repairs when the other guy can’t pay. Always confirm your policy has it—and enough coverage.

What If the At-Fault Driver Had a Suspended License?

A suspended license means they were once allowed to drive. But for some reason, like too many tickets or DUI, the state said, “No more.” Yet they did it anyway.

Does That Affect Fault?

No, not directly. Just like an unlicensed driver, a suspended one can still say you caused the wreck. It still depends on the crash facts. But the fact they chose to drive illegally makes them look worse.

Is There Insurance Coverage?

Sometimes. A suspended driver may still be listed on an auto policy. But the insurer can deny their coverage because the driver violated the policy by driving illegally. If the insurer denies coverage, you’ll need to look at other options.

Can a Suspension Lead to Legal Trouble?

Yes. Courts can impose fines or jail time, or both, on a driver caught with a suspended license. If they were suspended for dangerous behavior (like DUI), the court can use that in your lawsuit.

What If the At-Fault Driver Had a Learner’s Permit?

Drivers with learner’s permits are young or new to driving. They must have a licensed adult in the car. If they don’t, they’re breaking the rules.

Who Is Responsible?

Fault still depends on what happened. But if the permit holder didn’t follow the rules, like driving alone, it shows they weren’t taking things seriously. It can help your case of proving they were at fault.

Does Insurance Cover Them?

Maybe. Many policies cover household members, including teens learning to drive. But permit holders can still be excluded if rule violations occur. If they break permit rules, the insurer may deny coverage.

Could the Adult in the Car be Responsible?

Yes, depending on the situation. If the permitted driver had a supervising adult in the car, that adult could still share responsibility if they failed to step in and prevent reckless or illegal driving. They’re expected to monitor and guide the driver. If they didn’t, they might be held partly at fault for what happened.

If no adult was in the car and the permitted driver was alone, the parent or guardian who allowed them to drive unsupervised may be responsible. Louisiana law expects supervising adults to make sure permit rules are followed. Letting a teen drive alone before they’re licensed can be seen as careless or even negligent in court.

What If the Driver Is Uninsured or Underinsured?

Most unlicensed or suspended drivers lack valid insurance too. You might have to rely on your UM/UIM coverage. If you don’t have it, you may need to file a lawsuit against the driver. That can be costly and may not result in payment if they don’t have assets.

Can I Sue an Employer?

If the driver was using someone else’s vehicle, like a work truck, the owner might share blame. It depends on how the vehicle is used for business. Document everything and ask your attorney whether the employer must pay.

What If I Was Unlicensed but the Other Driver Was at Fault?

Being unlicensed doesn’t automatically make the accident your fault. Fault in Louisiana depends on how the crash happened—not just who had a license. If the other driver caused the wreck by speeding, texting, running a red light, or doing something else careless, they can still be held responsible.

That said, not having a license can affect how the insurance company or court views your case. They may try to say you were careless just for driving. It might lower the amount you can recover, but it doesn’t erase the other driver’s fault. A skilled injury lawyer can help explain your side and push back against unfair blame.

If you were also uninsured at the time of the crash, you may face penalties under Louisiana’s “No Pay, No Play” law. This law limits how much you can recover from the at-fault driver’s insurance, even if they caused the accident. For example, you may not be able to collect for the first $15,000 in personal injury damages or the first $25,000 in property damage. There are exceptions, and an attorney can review whether this law applies to your situation.

If you were hurt and someone else caused the crash, don’t assume you have no options. Talk to an attorney right away to protect your rights and see what kind of compensation you might still be able to recover.

How Fast Should I Act?

Act quickly. In Louisiana, the time limit to file a lawsuit for a personal injury or property damage claim is two years from the accident date. But insurance claims must be filed long before that. Evidence disappears. People move. Memories fade. Get advice from a lawyer early.

How Can a Lawyer Help?

A Louisiana personal injury lawyer who handles injury and accident cases, like the team at LJB Legal, can help in several ways:

• Dig deep into the facts: crash reports, photos, statements, vehicle data.
• Help identify all possible sources of coverage, even hidden ones.
• Stand up to insurance companies who deny you money.
• Estimate long-term impacts to make sure you get fair compensation.
• If needed, file a lawsuit and go to trial.

What Kind of Compensation Can I Get?

If you are hurt or your car is damaged, you can recover:

• Medical expenses, present and future.
• Car repairs or replacement.
• Lost wages and lost earning capacity.
• Pain and suffering.
• Other losses like rental car bills, prescriptions, therapy, and emotional distress.

Compensation might come from:

• The at-fault driver’s insurance, if they have it.
• Your own UM/UIM coverage.
• A lawsuit against the driver if they have no insurance.
• A lawsuit against an employer or vehicle owner.

What If the Insurer Denies Coverage?

That happens often when drivers are unlicensed. Insurance adjusters may give excuses like:

• The driver wasn’t listed on the policy or was excluded.
• The policy was suspended or canceled.
• The vehicle was used for business not covered.
• The policy excluded learner’s permit drivers.

Your lawyer can fight these denials and may use tactics like:

• Demanding a full investigation.
• Getting sworn statements.
• Consulting insurance law experts.
• Going to court if needed.

Can I Handle This Without a Lawyer?

You could try, but it’s risky:

• You might miss deadlines or forget to collect evidence.
• Insurance companies may pressure you to accept too little.
• Proving coverage or fault is harder when rules were broken.
• A lawsuit is complicated and has strict formats.

A lawyer with Louisiana crash experience can guide you and fight for fair payment.

Many people wonder, “Do I need an accident attorney?” In Louisiana, you’re not required to hire one, but a lawyer can help you understand the full value of your case, gather medical and financial evidence, negotiate with insurance companies, and front necessary costs. Studies show injured people who retain representation often recover more, and attorneys work on a “no win, no fee” basis, meaning you only pay if you get money. Simple cases with clear fault and minor injuries might be handled without a lawyer. But once your injuries, bills, or costs go beyond what you feel comfortable managing, it usually makes sense to get legal help. And if the other driver was unlicensed, then assigning fault and determining which insurance coverage is liable may be complicated.

How Much Will It Cost to Hire a Lawyer?

Most personal injury lawyers, including LJB Legal, work on contingency. That means:

• No upfront fees.
• You only pay if they win or settle your case.
• Attorney fees come from a percentage of your payout.

You also get a free case review before deciding.

Should I Talk to the Other Driver’s Insurer?

No. Insurance adjusters are experts at getting you to say the wrong thing. Give statements only to your lawyer. Let them handle the adjusters and fight for your full payment.

How Long Does a Case Like This Take?

Every case is different. With unlicensed or uninsured drivers, it may take longer. Gathering evidence, tracking assets, and negotiating can stretch things out. Simple cases may settle in months. Some can take a year or more. Your lawyer will keep you updated at every step.

What’s the Bottom Line?

Accidents with unlicensed, suspended, or permit drivers are more complicated. They can make coverage and liability harder but not impossible. You don’t have to navigate this alone.

You deserve full support and compensation. With the right lawyer, you can hold the responsible person and their insurer accountable. LJB Legal has a track record of helping Louisiana car wreck victims get what they deserve. We act fast, build strong cases, and fight so you’re not stuck paying for someone else’s mistakes.

Get a Free Consultation

If you were hit by an unlicensed driver, you need to act now. Time is short. Call 985-240-9773 to book your free case review. Let our team guide you. When you want to win, give them the L—that’s our promise to you.