Legal Question in Traffic Law in Florida

I was involved in an auto accident in which I was found at fault. Although my insurance settled the claim, my research shows that the driver I injured was driving without a valid driver's license. As I had informed my insurer of this, their attorney indicated that it did not matter, I still caused the accident, resulting in injury.

My thinking is that this driver should have never been on the road. I may have hit another vehicle, but that was not the case, I hit this driver, and could have possibly driven thru air. This person would not have been at this place at that time.

My question is this.....Is the other driver culpable in this accident, and would I have a claim against this driver's insurance coverage.

Thanks in advance,

Nick Karas


Asked on 3/27/14, 2:22 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Culpability in an accident has little to do with whether or not the other driver had a license. That said, I'm not saying it has no bearing. Like you said they shouldn't have been driving, but their driving experience is more relevant than whether or not they had a license. All this is moot though since it sounds like it was handled through the insurance companies. They have the right to settle cases like this usually pursuant to your insurance contract.

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Answered on 3/30/14, 2:39 pm


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