My License Was Expired: Can I Still File a Claim for Compensation?
Michael Babboni
Insurance Coverage
In Florida, driving with an expired license is not considered an act of negligence. This means that if you were involved in an accident with another driver, you can still pursue compensation from that driver in the same way you would if your license was valid.The other person's insurance will most likely have to pay for the property damage and bodily injuries up to their policy limits. However, you must also remember that operating a motor vehicle without a valid license is still against the law.
Insurance Coverage
Even if your license was expired at the time of the accident, there is still a chance that your insurance company will still cover some of the costs involved; however, your coverage may fall a bit short and may not cover the full amount of your losses because of the invalid license.
If the other driver was at fault, their insurance company pays out for the losses as defined by Florida Statutes. This will be true regardless of the status of your license at the time of the accident.
What Is Comparative Negligence?
If you were at fault for the accident or the police report indicates that each driver shared a part of the blame for the accident, then the claim process may become much more complicated.
The insurance company may choose to follow through with their own independent investigation into the accident to determine who was at fault if you choose to seek compensation from the other driver's insurance company.
If they find that you were even partially at fault, you may receive less compensation. For this reason, you want to have an experienced personal injury attorney on your side to help you prove your case and fight to win the compensation you rightfully deserve.
Comparative negligence is also known as non-absolute contributory negligence and is a partial legal defense that reduces the amount of damages you may receive in a negligence-based claim. This is based on the degree of your own blame and negligence and its contribution to the accident.
Expired License vs Suspended License
If the state suspends or revokes your license, then most insurance policies become null and void as soon as that happens. If this is the case, you probably won't be able to seek compensation as you would with an expired license because a suspended or revoked license means that you had broken the law, and the courts decided to take your license.
Expired licenses, on the other hand, are usually an honest mistake since we don't have to renew them regularly; some may forget that their license is coming upon the expiration date.
Contact an Attorney
If you were involved in an accident and realized your driver's license was expired at the time, you can still seek compensation for your injuries and other damages. However, it may be in your best interest to consult with an experienced attorney who can guide you through the process and explain what you can expect.
You will find that many insurance companies will be much more forgiving regarding an expired license. However, you still want to carefully review your insurance policy and the wording to determine if you are still covered. Your attorney can also help determine if there are any exclusions you need to be aware of in your policy, so you can avoid any potential problems.