Getting into a car accident is stressful enough. When you find out the other driver doesn’t even have a valid license, that stress can quickly turn into frustration. In Michigan, driving without a license is illegal, but unfortunately, it still happens. If you’re injured in an accident caused by an unlicensed driver, you may be left wondering what your rights are and how to move forward.
This situation adds an extra layer of complexity to your personal injury claim, but it doesn’t mean you’re out of options. Here’s what you need to know to protect yourself and pursue the compensation you deserve.
Start With Immediate Safety and Documentation
Like any accident, your first steps should focus on safety. If you’re hurt, call for medical help right away. If you’re able, move to a safe location and report the accident to the police. Let the dispatcher know that the other driver may be unlicensed. Law enforcement will need to verify the other driver’s identity and their license status.
At the scene, gather as much information as you can. Take photos of the vehicles, road conditions, and any visible injuries. Get contact details from witnesses. Try to exchange information with the other driver, even if they don’t have a license. Note their name, license plate number, and insurance details—if they have any.
Understanding Michigan’s No-Fault System
Michigan follows a no-fault auto insurance system. This means that regardless of who caused the crash, your own insurance company generally covers your medical expenses, wage loss, and replacement services up to the limits of your policy. This is done through your Personal Injury Protection (PIP) coverage.
Even if the other driver was unlicensed, your no-fault benefits should still apply. However, if your injuries are severe, and your expenses go beyond what PIP covers, you may be able to step outside the no-fault system and file a third-party claim against the at-fault driver.
The Problem With Unlicensed Drivers and Insurance
Unlicensed drivers are often uninsured or underinsured. Many insurance companies won’t cover someone who is driving without a valid license. So even if they provide an insurance card at the scene, there’s a chance the policy is invalid.
This can create serious problems if your injuries are significant and you need to file a lawsuit. If the driver doesn’t have coverage—or assets—it may be difficult to recover damages from them directly. That’s where uninsured motorist (UM) coverage can help.
Use Your Uninsured Motorist Coverage
Uninsured motorist coverage is optional in Michigan, but many drivers choose to add it to their policies for situations like this. If the unlicensed driver has no insurance or if their policy is denied because they were unlicensed, you can turn to your UM coverage for compensation.
This type of claim allows you to pursue financial recovery from your own insurance company, as if they were standing in for the at-fault driver. It may cover things like medical bills, lost income, and pain and suffering, depending on your policy.
Keep in mind that insurance companies don’t always make this process easy. You may have to prove that the other driver was at fault and uninsured, which can involve gathering police reports, medical records, and other evidence.
Filing a Lawsuit Against the Unlicensed Driver
If you don’t have uninsured motorist coverage—or if your damages exceed your policy limits—you can still consider suing the unlicensed driver directly. However, it’s important to be realistic about the outcome.
Many unlicensed drivers don’t have significant assets. Even if you win a judgment in court, collecting on that judgment may be difficult. Before taking this route, your attorney will likely conduct an asset search to determine whether a lawsuit is worth pursuing.
In some cases, other parties may share liability. For example, if the unlicensed driver was driving someone else’s vehicle, and the owner knowingly let them use it, the vehicle owner could be held partly responsible under a legal theory called negligent entrustment.
Why Legal Representation Matters
Accidents involving unlicensed drivers raise a lot of legal questions. You may be dealing with multiple insurance companies, unclear liability, or a lack of available coverage. In these situations, having an experienced personal injury lawyer can make a real difference.
A lawyer can review your insurance policy, help file claims, and explore every possible source of compensation. They can also negotiate with insurance adjusters, who may try to deny or minimize your claim. If necessary, your attorney can represent you in court and build a strong case to hold the responsible party accountable.
Time Limits for Filing a Claim in Michigan
Michigan has specific deadlines, known as statutes of limitations, for personal injury claims. In general, you have three years from the date of the accident to file a lawsuit against the at-fault driver. If you’re filing a claim under your no-fault PIP coverage, you typically need to file within one year of the accident to be eligible for benefits.
Missing these deadlines can cost you the chance to recover any compensation, so don’t wait too long to seek legal advice.
How to Strengthen Your Claim
If you’ve been injured by an unlicensed driver, taking the right steps early on can help strengthen your case. Keep copies of all medical records, receipts, and correspondence with insurers. Write down your recollection of the accident while the details are still fresh.
Follow through with your medical treatment and attend all appointments. Gaps in care can be used against you to argue that your injuries aren’t serious. Be cautious when speaking with insurance companies—what you say can be used to reduce your claim. It’s best to let your attorney handle communication whenever possible.
Conclusion
Getting injured in a crash caused by an unlicensed driver can leave you feeling overwhelmed. But just because the other driver broke the law doesn’t mean you have to absorb the financial impact. Michigan’s no-fault system, along with uninsured motorist coverage and legal options, gives you several paths to recover damages.
The process may be more complicated than a typical accident claim, but it’s not impossible. If you’ve been in a situation like this, speak with a Michigan personal injury lawyer to understand your rights and get help moving forward.
ADDRESS 
CONTACT 
EMAIL