Legal Question in Traffic Law in Virginia

Unlicensed driver involved in a traffic accident

If involved in a traffic accident in VA and do not have a driver's license what is the penalty? The accident occurred last night and the unlicensed driver was ticketed for failure to yield right of way. The witness and the ticketed drive both agree and stated to the police officer that the other vehicle involved in the accident was speeding. The accident happened when the ticketed driver was exiting a Walmart parking lot and was entering a street that had two lanes of traffic going in each direction. The lane closest to the driver (right) was stopped and the driver preceeded to cross the intersection. The other car involved was speeding and came out of nowhere and hit the ticketed driver. Question - If the ticketed driver was issued a ticket for failure to yield does that imply fault? The unlicensed driver was driving my insured vehicle. What liability does that place on me and do I need to contact my insurance company? Both vehicles had to be towed from the scene and are at the towing company but I'm not sure how to proceed. Also, the officer did not issue a ticket for driving without a license. He said to just bring a license to court. Please advise ASAP.

Thanks,

jraymond


Asked on 12/14/06, 8:25 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Unlicensed driver involved in a traffic accident

If you entrusted your auto to an unlicensed driver then YOU are fully responsible. Call your insurance co. and 'fess up.

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Answered on 12/14/06, 10:31 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Unlicensed driver involved in a traffic accident

The officer gave good advice, i.e., the unlicensed one should bring a valid license to court (if at all possible). The officer did this person a favor by not writing him or her up for NVOL(No Valid Operator's License).The unlicensed driver can only be prosecuted for whatever charges have been formally placed against him or her.

And, yes, the fact that the unlicensed one received a ticket for a traffic infraction(failure to yield) implies culpability(fault)on the part of this person.

Unlesss you plan on paying for the claim yourself that will undoubtedly come from the other driver, you should notify your insurance carrier of the accident and the attendant relevant facts, particularly those having to do with who may have been responsible for what.

If your insurance carrier has to pay the claim, you can expect a resultant increase in your premiums.

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Answered on 12/14/06, 10:34 am


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