The employee's lack of a license will not affect the other driver's liability for the crash. Nonetheless, be sure to report the accident to your insurance company promptly.
This response applies only to California law, is not intended to be legal advice to any individual and does not create an attorney-client relationship.
The fact that your driver was unlicensed does not affect the drunk driver's liability to you for the damage to the car. Also, if your employees were injured and are being compensated under a workers' compensation claim, the workers' compensation carrier can go after the drunk driver to recoup the amounts paid out on the claim. Likewise, your employees have claims for recovery of bodily injury damages.
Driving without a license does not affect liability. In other words, it will not "negate" the drunk driver's liability. As long as your employee is not at fault for the accident, it won't affect any claims for workers compensation, property damage or personal injury. Hope this helps and best of luck.
This information is not, nor is it intended to be, legal advice, nor the formation of an attorney-client relationship.
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