The Other Driver Had No License: What to Collect and Who Pays Your Claim

The other driver steps out, apologizes, and says quietly that they do not have a license. Many people freeze at that point, assuming there is now nobody to claim against. That is rarely true. The car almost always belongs to someone, and that someone, or their insurer, is usually where the claim goes.

At the scene: what to collect

Vehicle Code section 16025 lists what drivers must exchange: name and current address, driver's license number, the vehicle identification number, the registered owner's current address, and the insurance company's name and address with the policy number. When there is no license number, collect everything else, and more:

• A photo of whatever ID the driver has — a passport, a consular ID, a state ID card. Write the name exactly as it appears.
• The plate and the VIN. The VIN is visible through the windshield at the driver's side.
• The registered owner's name and address, from the registration card the owner is required to keep with the vehicle.
• The insurance card, photographed front and back.
• A phone number, and the names of any witnesses.

Why the driver has no license is not your question to solve. What you need is the car's information and the facts of the collision. If the driver will not share them, photograph the plate and call the police.

Whose insurance responds

The owner's responsibility

California puts responsibility on the person who handed over the keys. Under Vehicle Code section 17150, every owner is liable for death or injury caused by the negligent driving of anyone using the vehicle with the owner's express or implied permission. Section 17151 limits that owner liability to $15,000 for one person's injury or death, $30,000 for more than one person, and $5,000 for property damage in one accident, unless the owner is responsible some other way. Those limits are lower than the minimum policy limits, which is one more reason the owner's insurance matters.

Your own policy as the backstop

Uninsured motorist coverage is part of a California bodily injury liability policy unless the named insured signed a written agreement deleting it or lowering its limits (Insurance Code section 11580.2). If the at-fault car has no coverage that applies, that is the coverage for your injuries and your passengers'. For your car, your collision coverage pays after your deductible, and your insurer can then pursue the responsible party.

Fault is still about the collision

Driving without a license is its own violation, but who caused the crash is decided by how it happened. For insurance purposes, California's rating regulation looks at whose actions were the legal cause of the collision (title 10, section 2632.13). Collect the evidence of how it happened: photos of the positions, the damage, the intersection and any signals.

The paperwork after

1. Report the claim to your own insurer the same day, even if you expect the other side to pay.
2. File your SR 1 with the DMV within 10 days if anyone was hurt or property damage is over $1,000.
3. Request the police report, if one was taken.
4. Send the owner's insurer a written notice of your claim with the photos.

If this collision showed you that your own uninsured motorist coverage is missing or thin, get a quote here that puts it back.