If you have been in an accident on a restricted license, your liability and insurance coverage in a claim could be impacted. The type of license you have and the source of the accident could considerably alter your options and outcome. It is important to have a Greenville car accident lawyer from Smith Jordan handle your case and help you navigate the complexities of your case.
What factors impact car insurance liability?
If you are driving with restricted or suspended driving privileges at the time of an accident, the details of the event will greatly influence the outcome of your case. You are also likely to face additional consequences when resolving your case due to the restrictions on your license. Below is a closer look at how your liability may be impacted in these situations.
The type of restriction your license has
Restricted licenses impose special conditions on driver’s licenses and dictate what motor vehicle operators are and are not allowed to do. Depending on the nature of the accident, violations to the license conditions may have consequences. Violating the terms of a restricted license can result in administrative penalties, and driving on a suspended or revoked license can result in criminal charges, fines, and possibly jail time
Who is liable for the accident
Fault in an accident will be determined in the same way as any other wreck, but a restricted or suspended license could complicate matters depending on who is at fault. If another driver causes a wreck, but you have a restricted or suspended license, the at-fault driver’s insurance company may try to use that against you.
However, if you are at fault, then the reinstatement of your license could be postponed according to South Carolina Code 56-1-185. If you are at fault for an accident during a license suspension, you may face jail time, fines, or costs, among other consequences. Failure to pay fines may result in more severe disciplinary measures.
Can I recover compensation for my losses?
The factors above affect your ability to recover compensation for your own injuries and losses after an accident. If you are not at fault, you can still recover damages. If you are partially at fault because of a violation of your restrictions, then you may be able to recover reduced compensation per South Carolina’s modified comparative negligence law. Depending on the situation, you may be able to recover compensation if you were injured by another driver while driving on a suspended license. Be sure to discuss your options with your lawyer.
Can I purchase insurance with a restricted or suspended license?
If you have a restricted or suspended license, you may face challenges securing insurance or receiving a fair payout for injuries. For example, if you have a suspended license, you may be required to have SR-22 insurance to verify you have met the insurance coverage minimums. This also comes with increased premiums.
If you file a claim with the at-fault driver’s insurance company after an accident, your claim may still be reviewed, but keep in mind that insurers often scrutinize your driving record, including any restrictions or suspensions on your license. They may use this information to reduce your compensation or deny your claim altogether, even if the other driver was clearly at fault. Hiring a lawyer is the most effective way to get the compensation you may be entitled to receive.
Call our team at Smith Jordan Law today
Smith Jordan helps you navigate insurance and liability if you have been in an accident as a restricted driver. We work hard to make sure you have options and an experienced attorney to speak for you. We also help you secure any results that you are entitled to for your injuries. To discuss your case with a car accident lawyer from our team, call our offices at (864) 343-2222 or contact us online to schedule your free consultation today.