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What Happens If You’re in a Car Accident with an Unlicensed Driver?

Posted By Aguirre Law | March 2 2026 | Car Accidents

The situation can quickly become more complicated if you are involved in an accident with an unlicensed driver. They may not be covered by insurance, and you may need to explore alternative options for financial recovery. An experienced San Antonio car accident lawyer from The Aguirre Law Firm can help guide you through the process and protect your legal rights. Call us today for a free case review.

Why People Drive Without a License

People may drive without a license for several reasons, including the following:

  • Underage drivers: The driver may be too young to apply for a driving permit or license.
  • Failed applicants: The unlicensed driver may have attempted to obtain a driver’s license but failed to acquire one because they failed the written or driving test.
  • Suspended license holders: A driver’s license may have been suspended due to tickets, failure to pay child support, DUI, or other reasons.
  • Revoked licenses: The person’s driver’s license may have been revoked due to criminal convictions or medical conditions.
  • Immigration status issues: The applicant may not be a citizen, resident, or person with other lawful status.
  • Failure to renew: The driver may have simply forgotten to renew their driver’s license when required to do so.

Consequences for Driving Without a License in Texas

People who drive without a driver’s license face significant consequences. This act is illegal under Texas law. If an unlicensed driver is caught breaking the law, they can face fines and criminal charges. A first-time offense can result in up to $200 in fines. A third-time offense within a year can result in a fine of up to $200, along with up to six months in jail.

While unlicensed drivers are not automatically determined to be at fault for an accident that they are involved in, there is sometimes a presumption that someone who is irresponsible enough not to drive with a license would also act irresponsibly while behind the wheel.

Under Texas law, the driver found at fault for the accident is responsible for the damages they cause. Even if they don’t have a license, they can still be held liable or the damages they cause.

Legal Options for Accident Victims

Unlicensed drivers might not be covered by insurance, which can complicate the matter. If a person was harmed by an unlicensed driver, they may have various legal options, such as:

  • Filing an uninsured motorist (UM) claim: If the driver was not insured, you may be able to file an uninsured motorist claim. This is a claim with your own insurance provider that can cover damages, such as medical bills, lost wages, property damage, and pain and suffering.
  • Filing a claim with the vehicle’s owner: If the owner gave the at-fault driver permission to drive their vehicle, you may be able to file a claim against the owner or their insurance.
  • Filing a personal injury lawsuit: You could have the right to file a lawsuit against the at-fault driver, regardless of their insurance or driver’s license status.

Contact The Aguirre Law Firm Today for a Free Consultation

If you were injured by an unlicensed driver, an experienced San Antonio personal injury attorney from The Aguirre Law Firm can help. We can investigate your case, gather evidence to determine liability, and fight for the financial compensation that you deserve. Contact us today for a free case review.

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