Can You File a Car Accident Claim With an Expired License?
You got into a car accident, and you’re pretty sure you’re owed compensation. You go to start the claim process and realize something that sends a shockwave of stress through your body:
Your driver’s license is expired.
Your thoughts and heart racing, you wonder: Can you file a car accident claim with an expired license in New Jersey?
The answer might surprise you. Keep reading to find out more, or contact the experienced attorneys at Rosengard Law Group for personalized advice.
Can You File a Car Accident Claim With an Expired License?
Yes, you can file a car accident claim even if your license has expired. But you may encounter some related issues that you should be aware of.
While driving with an expired license is illegal and may result in fines or penalties, it does not strip you of your right to seek compensation for injuries and damages resulting from a car accident that wasn’t your fault.
Understanding Fault and Liability
In New Jersey, car accident claims are often based on fault. This means that the person responsible for causing the accident is likely to be liable for the damages.
If the other driver was at fault, their insurance should cover your injuries and property damage — regardless of your license status.
However, the insurance company may try to argue that your expired license somehow contributed to the accident. And if they successfully make that argument, you may miss out on some or all of the compensation you deserve after your crash.
The good news: An experienced New Jersey car accident attorney can help counter these arguments and ensure your rights are protected.
Challenges You May Face
While you can still file a car crash claim, having an expired license can complicate matters. Here are some potential challenges:
- Insurance company tactics. Insurance adjusters may use your expired license as a reason to reduce or deny your claim. They might argue that you were negligent simply by driving without a valid license.
- Legal penalties. Driving with an expired license is illegal in New Jersey. While this doesn’t affect your right to file a claim, you may still face fines or other penalties for the infraction.
- Proving fault. You’ll need to clearly establish that the other driver was at fault. If the accident was partly your fault, having an expired license could make your already complex case even more complicated.
Steps to Take After the Accident
If you’ve been in an accident with an expired license, here are some steps to help protect your claim:
- Seek medical attention. Your health should be your top priority. Get medical attention immediately, even if your injuries seem minor. As a bonus, seeking medical attention means you document your injuries, which can be useful in your claim later on.
- Document the scene. If possible, take photos of the accident scene, your vehicle, and any visible injuries. Gather contact information from witnesses.
- Report the accident. Notify the police and file an accident report. Be honest about your license status if asked, but avoid admitting fault. If you’re unsure of what to say, it’s often a good idea to contact an attorney as soon as possible.
- Contact an attorney. Reach out to a knowledgeable car accident attorney who can help you navigate the complexities of your case and deal with the insurance company. An expired license is only one of many hurdles a lawyer can help you navigate as you seek compensation.
Will My Insurance Cancel My Policy Because My License Was Expired?
While you should still be able to file a car accident claim if you had an expired license when the crash occurred, some New Jersey insurers may want to make changes to your existing policy as a result of this incident.
Sometimes, it depends on how long your license has been expired. For example, if your license expired three years ago, you’re much more likely to face difficulty from the insurance company than if your license expired three days ago.
In any case, if you feel you aren’t being treated fairly by the insurer or any other involved party, don’t hesitate to reach out to an attorney who can help, such as the experienced team at Rosengard Law Group.
Consult with Rosengard Law Group
Even with a perfectly valid license, New Jersey car accident cases can be difficult to navigate when you’re the victim. Add an expired driver’s license into the mix, and suddenly your situation becomes much more complex.
Can you file a car accident claim with an expired license in New Jersey? Probably. But you’re likely to encounter all kinds of obstacles as you pursue compensation in any case.
Fortunately, you don’t have to face this alone. The attorneys at Rosengard Law Group have extensive experience handling complex car accident claims and can provide the guidance you need.Ready to discuss your case? Contact Rosengard Law Group today to schedule your free consultation. Call us at 856-284-6446 or reach out online to speak with a dedicated attorney
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