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I was caught in a wreck on the highway by a guy who had no license AT ALL and insurance was NOT under his name.

San Marcos, TX |

The other driver hit me from behind causing the back of my car to be completely ruined! Is there a law in Texas that specifies that the driver with no license is automically responsible for all damages?

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Attorney answers 5


He may be covered by the insurance even though his name is not on the insurance. If the car had insurance, he should be covered, unless he was specifically excluded. If the owner of the car knew he did not have a license, they could be liable for negligent entrustment. If he was in the course and scope of his employment, his employer will be liable for the wreck. Your insurance may cover your damages if you have UM/UIM coverage. PIP and MedPay will also provide you with some coverage. Coverage could be found even though at first it looks like he has none. Investigation needs to be done.

If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit or if you want more information about criminal defense, visit Good luck!



So even though he doesn't have a license and he hit me from behind it doesn't make him responsible for the damage/accident automically?

Carmine John Giardino

Carmine John Giardino


Hitting someone from behind while driving without a license does not make them "automatically" responsible. How the accident happened determines who was at fault. Whoever is at fault is responsible for the damage. Whether he is covered by insurance is a different issue. If there is no insurance, you may have to look towards your own policy. Personal injury is complex and you really need a lawyer to investigate


If you are injured get a lawyer right away. It seems as you may have a good case based on your facts. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


The insurer of the *vehicle* would still pay under most circumstances, even if he had no license or insurance.

Also, you need to verify whether you have "uninsured/under-insured motorist" coverage ("UM/UIM" in insurance lingo). This will pay you for your bodily injury claim even if he has no insurance at all.

Clark County, Nevada practitioner.


No, but there may be insurance, and if you have UM, a personal injury lawyer would go after that.

Only 29% Contingency Fee! Phone: 215-510-6755


There are several sources for insurance that are less known to the common driver. PIP and UM/UIM may exist that would provide coverage. The driver may have sufficient assets to satisfy a judgment. A company may be responsible if the driver was in the course and scope of his employment when the accident occurred. You should speak to an attorney. Almost every personal injury attorney will provide you a free consultation, as does our firm.

This post is for discussion purposes only and is not intended as legal advice. This post does not create an attorney-client relationship. If you are interested in retaining counsel, you may contact The Law Office of Daniel O'Brien, P.C. at 512-615-3580 to discuss further.

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