What Happens If an Unlicensed Driver Has an Accident With My Car in WA?

Colburn Law

Posted by Greg Colburn in Car Accidents on May 6, 2025

What happens if an unlicensed driver has an accident with my car? It’s a question many Washington drivers face—and one that can lead to serious legal and financial complications. Whether you loaned your vehicle or someone drove it without permission, the outcome can be stressful, confusing, and full of uncertainty. At Colburn Law – Accident and Injury Lawyers, we help individuals across Washington navigate the insurance challenges, liability questions, and legal fallout that follow when an unlicensed driver is involved in a crash

Is WA Accident Coverage Mandatory?

Yes, Washington drivers are required to carry liability coverage for bodily injury and property damage. Bodily injury liability covers harm caused to others by you, a listed family member, or a permitted driver—even when operating someone else’s vehicle with permission.

Washington also requires a minimum of $10,000 in property damage liability. This pays for damage you cause to someone else’s vehicle or property, but it doesn’t cover your own. That’s where optional collision insurance comes into play.

The required minimums are:

• $25,000 for injury or death to one person
• $50,000 for injury or death to all involved
• $10,000 for property damage

Drivers without insurance can face fines or license suspension. Keeping your coverage current protects not only your finances but also your legal standing.

Uninsured drivers don’t just take risks for themselves—they may leave others paying the price. Carrying proper coverage goes beyond compliance. It gives you a stronger footing when the unexpected hits.

What Are the Full and Limited Tort Options?

Washington doesn’t use a tort threshold system like some other states. So, terms like “full” or “limited tort” don’t technically apply. That said, Washington is a fault-based state, meaning drivers can go after the at-fault party for damages—even if that person wasn’t legally licensed.

This setup gives victims the right to pursue costs tied to medical care, lost wages, and property damage. No threshold stands in the way of filing a claim. But proving fault and recovering losses isn’t always straightforward—especially when the person behind the wheel never should’ve been driving.

More often than not, these types of cases call for detailed investigations. That includes reviewing traffic camera footage, police reports, and even social media. Building a strong case isn’t just about what happened—it’s about showing how and why it happened, and who needs to be held accountable.

What Is an Unlicensed Driver?

In Washington, an unlicensed driver is anyone operating a motor vehicle without a valid Washington-issued driver’s license. According to RCW 46.20.015, driving without a valid license is against the law.

This includes drivers with suspended or expired licenses, those who’ve never been licensed, and even out-of-state drivers whose licenses aren’t valid in Washington.

Driving without a license can lead to fines, criminal charges, and added liability in court. And when that driver causes a crash? The legal consequences ramp up fast. Even the vehicle owner might face fallout if they knowingly handed over the keys.

What Happens If the Person at Fault in an Accident Has No Insurance?

When an unlicensed driver causes an accident and isn’t insured, getting compensated can become a real challenge. You might have to lean on your uninsured/underinsured motorist coverage (UM/UIM)—assuming your policy includes it.

In some situations, a civil lawsuit may be the only path to recovering costs. But that can take time—and there’s no guarantee the at-fault party has assets worth pursuing.

What Happens If a Driver Is Not Listed on an Insurance Policy?

If someone who isn’t on your policy uses your car and gets in a crash, your insurance could still cover it—but not always. Many companies include permissive use clauses, which may extend coverage to occasional drivers.

Coverage usually doesn’t apply to unlicensed drivers. If your insurer determines you knowingly let someone without a valid license drive your vehicle, they may deny the claim—leaving you responsible for any damages.

Can You Sue an Uninsured Driver in WA?

Yes, you can take legal action—but collecting can be tough. Even with a favorable ruling, if the driver has no income or assets, getting paid might be next to impossible. That’s why having UM/UIM protection makes a huge difference.

Legal options are there, but enforcement is where things get sticky. Garnishing wages or placing liens might work, but they’re rarely quick fixes. That’s where having the right legal help on your side really comes into play.

How Unlicensed Driver Accidents Affect Insurance Coverage

When an unlicensed person gets behind the wheel of your car, insurance companies will scrutinize the situation closely. They’ll consider questions like:

• Did you knowingly allow the person to drive?
• Are they part of your household but not listed on your policy?
• Does your policy specifically exclude unlicensed drivers?

Even small details—such as whether the driver had implied permission—can influence how your claim is handled. Insurers often examine these situations closely, and if they determine the driver wasn’t covered, you could be left responsible for the damages. That’s why reviewing your policy exclusions carefully—and asking your insurer for written clarification when needed—can make all the difference.

Can Insurers Try To Deny Coverage for Accidents With Unlicensed Drivers?

Yes, and they often do. If the driver was unlicensed and unauthorized, your insurer might push back. But if the driver used your car without permission—or you didn’t know they lacked a license—you could still have coverage.

Every case is different, and it usually comes down to the facts. Being proactive with documentation and legal support helps protect your ability to file a claim.

What To Do After an Accident With an Unlicensed Driver

So what now? If you’ve been hit by or involved with an unlicensed driver, here’s what to do:

1. Call 911 to report the crash
2. Collect information, including names, photos, and any available insurance details
3. Stay calm—avoid pointing fingers at the scene
4. Contact your insurer to start a claim
5. Talk to a Washington accident attorney about next steps

Also, don’t be afraid to follow up. Sometimes insurance adjusters move slowly, and documentation can get overlooked. Keep a record of every email, call, and claim number. It shows you’re paying attention—and that can shift how your case is handled.

Contact Us

Accidents involving unlicensed drivers are stressful and often leave vehicle owners wondering what happens if an unlicensed driver has an accident with my car. You don’t have to face the legal and insurance challenges alone. Our Washington Car Accident Lawyers at Colburn Law help Washington clients navigate these complex situations with clarity and commitment. Whether it’s holding negligent drivers accountable or challenging denied claims, we’re here to help you move forward with confidence. Call 206-823-4953 for a free consultation.

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