When you are involved in a car accident, it can be incredibly overwhelming to navigate the aftermath. However, this process may become even more stressful in the event that you were struck by a negligent driver while you were operating a vehicle with a suspended license. As such, you may wonder if this impacts your ability to file a claim or recover compensation. The following blog explores what you should know about these difficult matters, including the importance of working with an experienced Monroe, Louisiana car accident attorney to help you understand your legal options.
Can I Still File a Personal Injury Claim if I Was Driving with a Suspended License?
Unfortunately, many people assume that if they are driving on a suspended license, it means that they are automatically barred from recovering compensation in the event they are struck by another negligent driver. It is critical to understand, however, that Louisiana adheres to a comparative fault system, and as such, your license status will not automatically determine fault. For example, if a driver is operating their vehicle under the influence, their decision to drive while intoxicated will outweigh your license suspension.
Will My License Suspension Impact Fault?
As mentioned, driving with a suspended license will not prohibit you from filing a claim, though your license status can impact the compensation you are eligible to recover.
In general, the reason that your license is suspended will impact the outcome of your case. Generally, if your license suspension is due to a DUI or reckless driving, you’ll find that this can negatively impact your claim. The insurance company may argue that a license suspension for prior driving habits makes you unfit to drive, even when it’s unrelated to the crash. Regardless, the insurance company will likely attempt to use this as leverage to reduce the value of your claim or entirely shift blame from their client.
However, if your license is suspended due to unrelated matters, like a lapse in insurance or unpaid parking tickets, it generally will not impact your ability to recover compensation, especially when another party is at fault for the collision.
What Steps Should I Take if This Happens?
If you are injured in an accident in which you were driving with a suspended license, it’s critical to understand that you should report the accident. While you may be hesitant to do so because of your license suspension, this is critical to ensure you report the accident and seek medical treatment for the injuries you have suffered.
Generally, the most important thing you can do when you are involved in an accident caused by a negligent driver, regardless of your license status, is to connect with an experienced personal injury attorney with Breithaupt, DuBos, & Wolleson, LLC. Our dedicated legal team will do everything possible to help you recover the compensation you are entitled to. As such, if you need legal assistance, do not hesitate to contact our dedicated legal team today.