Driving without a license is not only illegal in Minnesota, but it can also complicate a car crash claim.
A car crash without a license involved, whether in Minneapolis or elsewhere in MN, brings its own set of complications for victims trying to recover compensation.
If you were hit and injured in a crash caused by an unlicensed or uninsured driver, the team of skilled, experienced car accident attorneys at TSR injury Law are here to help secure compensation on your behalf.
What Does it Mean to Drive Without a License in Minnesota?
Driving without a license means that the license was:
- Never Issued: The driver never obtained a driver’s license.
- Suspended or Revoked: The driver’s license was suspended or revoked due to previous traffic violations or legal issues.
- Expired: The driver is operating a vehicle after his or her license has expired.
- Not Within Possession: Some drivers may have a valid license, but it is not in their possession at the time of the crash.
What Are the Penalties for Driving Without a License in Minnesota?
It is illegal to drive without a valid license in Minnesota or any other state. The specific penalty for driving without a license in Minnesota depends on why the driver was unlicensed:
- No license ever issued: Misdemeanor, with a fine of about $200 including surcharges.
- Expired license: $200 fine, broken down as a $100 fine plus $100 in surcharges.
- Valid license not in possession: Officers can still issue a citation, though courts usually dismiss it if you present proof you held a valid license at the time.
- Suspended or revoked license: Typically a $200 ticket that runs about $300 after fees.
The state only cancels driver licenses after multiple serious offenses, such as a third driving while intoxicated charge within a 10-year period.
Many unlicensed drivers are also driving without insurance, since most insurers will not issue a policy to someone who cannot produce a valid license. The penalty for driving without insurance in Minnesota is separate from the licensing penalty above: it’s a misdemeanor carrying a fine of at least $200 and as much as $1,000 for a first offense, with repeat offenses reaching up to a $3,000 fine and up to a year in jail. A driver cited for either offense can also face license and registration suspension and, depending on the circumstances, vehicle impoundment.
Does Driving Without a License Automatically Make a Driver at Fault for a Crash?
Not being licensed doesn’t automatically make a driver at fault for a crash. Fault in Minnesota is determined by negligence. That means it’s determined by whether a driver’s actions or failure to act caused the collision, not by whether that driver was legally allowed to be behind the wheel in the first place. An unlicensed driver could still be found partly or entirely blameless if the other party ran a red light, was distracted, or otherwise caused the crash.
That said, the fact that a driver lacked a valid license isn’t irrelevant. It can be used as evidence of a broader disregard for the rules of the road, which may strengthen a negligence claim once fault is being sorted out. Here’s what actually factors into a fault determination:
- Conduct behind the wheel: Speed, right-of-way, and traffic violations are what adjusters and courts weigh most heavily.
- Police report: The investigating officer’s account of what happened, including any citations issued.
- Witness statements: Independent accounts that support or contradict either driver’s version of events.
- Physical evidence: Examples include skid marks, vehicle damage, and debris patterns from the scene.
- Comparative fault percentage: Minnesota assigns each party a percentage of fault, and a driver found more than 50% responsible cannot recover damages from the other party.
If an Unlicensed Driver Is Hit, Who Is at Fault?
The same rule applies in reverse. An unlicensed driver who gets hit by someone else is not automatically at fault simply because of their license status, and they generally retain the right to pursue a claim against the driver who actually caused the crash, though their lack of a license may still draw extra scrutiny from the insurance company.
What if an Unlicensed Driver Borrows My Car and Causes a Crash?
If an unlicensed driver is using your car and causes a crash, there are several possible legal and insurance-related consequences:
Criminal Charges
The unlicensed driver may face misdemeanor or felony charges, depending on the details of the incident. These charges can lead to fines and possible jail time, especially if the driver is a repeat offender or if the crash caused serious bodily injury or death.
Civil Liability
The injured parties can sue the owner and driver for compensation related to property damage, medical expenses, and other losses from the collision.
No Insurance Coverage
If you allow an unlicensed driver to use your vehicle, in rare cases your insurance might not cover the collision. This is true even though Minnesota car insurance tends to follow the car and not its driver. However, coverage is going to depend on the terms of your policy.
How Can I Recover Compensation for a Crash With an Unlicensed Driver?
Minnesota’s no-fault insurance system allows crash victims to obtain compensation for medical care and certain other damages regardless of who is at fault. In other words, the fact that the at-fault driver is unlicensed should not affect your ability to obtain compensation from your own insurance policy.
Here’s a breakdown of where that compensation can come from depending on the at-fault driver’s insurance situation:
- Personal injury protection (PIP): Your own no-fault coverage is usually the first place you turn. It pays for medical expenses, a portion of lost wages, and related costs after a crash, up to your policy’s limits, and it applies no matter who caused the collision.
- At-fault driver’s liability insurance: It may also be possible to file a claim with the at-fault driver’s liability insurance, if he or she has any. However, unlicensed drivers often do not have insurance. In such a case, you could use your uninsured motorist (UM) coverage.
- Uninsured motorist (UM) coverage in practice: If you were hit by an uninsured driver, UM coverage is typically what steps in.
- Vehicle owner’s policy: Does car insurance cover unlicensed drivers operating someone else’s car? Often, yes. Minnesota coverage generally follows the car rather than the driver, so the owner’s policy can potentially respond even if the person behind the wheel wasn’t a listed driver, though this depends heavily on the specific policy language and any exclusions it contains.
- Underinsured motorist (UIM) coverage: If the unlicensed driver does happen to carry a minimal insurance policy that won’t fully cover your injuries, UIM coverage on your own policy can make up the difference.
Because these claims often involve an at-fault driver with no license and no insurance, insurers tend to scrutinize them more closely, and coverage disputes are common. An attorney can help identify every applicable policy, whether it’s your own, the driver’s, or the vehicle owner’s, and push back when an insurer tries to deny or undervalue a claim.
What Should I Do After a Crash With an Unlicensed Driver?
There are several steps you should take to protect your safety and your legal rights:
- Ensure Safety: First, check for injuries and make sure everyone is safe. Call 9-1-1 if anyone is hurt and needs emergency medical care.
- Report the Collision: You are required to report most crashes that occur, but this is especially important when the at-fault driver does not have a license. The police will file a report about the crash, noting what happened and the fact the at-fault driver is unlicensed. A police report can be a valuable tool for insurance claims.
- Exchange Information: Collect the unlicensed driver’s contact and vehicle information, and the vehicle owner’s information, if the owner and driver are not the same person. You may be able to seek compensation through the vehicle owner’s policy.
- Document the Scene: Take pictures of the crash, including the vehicles involved, including license plates, visible damages, injuries and road signs or conditions.
Did an Unlicensed Driver Cause Your Collision? Schedule a Free Consultation
If you have been injured in a car crash caused by an unlicensed driver in Minnesota, TSR Injury Law is here to help you fight for your rights.
If you need help navigating your claim or recovering compensation, contact TSR Injury Law to discuss your case and explore your options for recovery. You pay nothing unless we win your case and recover compensation, either through negotiation or a courtroom decision.
