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In a Crash Without a Driver License in Utah: Can You Still Make a Claim?

Short answer: In many cases, yes. Driving without a license is a separate traffic violation, but it does not, by itself, decide who caused the crash. Utah divides fault according to what each driver did, and you can recover from a driver who was more at fault than you. What changes most without a license is the insurance picture: whose car it was, which policy covered it, and whether you had permission to drive it. Our firm handles injury claims, not immigration matters or traffic tickets; for those questions, talk to the right attorney.

Utah's driving privilege card

Utah has two documents for driving: the driver license and the driving privilege card. The statute says the Driver License Division issues the card to people whose driving privilege was obtained without providing evidence of lawful presence in the United States (Utah Code § 53-3-207(9)). An applicant can use the taxpayer identification number the IRS issues to people who do not qualify for a Social Security number (ITIN), along with fingerprints and a photograph (§ 53-3-205(8)).

Three details matter after a crash:

  • It is for driving, not identification. The card carries a phrase on its face substantially similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION," and a government entity may not accept it as proof of identity (§ 53-3-207(9) and (12)).
  • The driving rules are the same. Unless the law says otherwise, the code's provisions, classes, restrictions, and sanctions apply to the card the same way they apply to a license (§ 53-3-207(14)). If you held a valid card on the day of the crash, you held a state-granted privilege to drive.
  • It expires quickly. The card expires on the applicant's birthday in the first year after it is issued or renewed (§ 53-3-205(7)(g)). Driving on an expired card can be treated the same as driving without a license.

If you have questions about whether to apply for the card or how it relates to your immigration situation, that is a question for an immigration attorney, not for us.

Driving without a license does not mean you were at fault

Utah law prohibits driving on a Utah highway without being licensed (§ 53-3-202). Under the current version of that section, a first violation is generally an infraction, a violation after a prior conviction is a class B misdemeanor, and the vehicle can be subject to seizure.

The injury claim is a different matter. Utah uses comparative fault: the fact finder assigns a percentage of fault to each person, and you can recover from drivers whose fault is greater than yours (§ 78B-5-818). Your recovery is reduced by your own percentage, and if your fault is equal to or greater than theirs, you recover nothing.

That percentage is based on what caused the crash: who ran the red light, who failed to yield, who was looking at a phone. If you were stopped at a light and another driver rear-ended you, the missing license does not change who hit whom. Still, expect the insurer to bring up the license as leverage; how much it matters depends on the facts. That is why photos, video, witnesses, and the police report are worth so much. See how to get a Utah police crash report and whether you can recover if you were partly at fault.

Insurance: whose car it was matters

PIP. Personal injury protection covers the named insured, relatives living in the household, and any other person riding in the insured vehicle with the named insured's express or implied consent (§ 31A-22-308). The statute lists the only exclusions an insurer may put on PIP, such as operating the vehicle without the insured's consent or while not in lawful possession of it, injuring yourself intentionally, or committing a felony (§ 31A-22-309(2)). Not having a license is not on that list. What does matter is the owner's permission to use the car.

If the car was yours and uninsured. Driving without required insurance is a separate offense (§ 41-12a-302). A relative's PIP also does not cover you if you were hurt in your own uninsured vehicle (§ 31A-22-308(1) and (2)). And the threshold for claiming pain and suffering applies to anyone who "has or is required to have" PIP, so it can apply to you even though you had no policy (§ 31A-22-309(1)).

The other driver's insurance. If the other driver was at fault, their liability coverage is what answers for your damages. Policies issued on or after January 1, 2025 must carry at least $30,000 per person, $65,000 per accident, and $25,000 for property damage (§ 31A-22-304). If the other driver had no insurance, there may be uninsured motorist coverage on a policy that covers you; see how that claim works.

The ticket and the claim are two separate matters

If you were cited for driving without a license, that case is handled in traffic court, separate from your injury claim. Before paying it or pleading guilty, consider talking to a defense attorney. And if you are not a U.S. citizen, ask an immigration attorney whether a citation or conviction could affect your situation. We take care of the injury claim.

What to do now

  • Get medical care and keep up with treatment.
  • Tell the truth to the police, your doctor, and the insurers. Lying about the license or about who was driving is far worse than not having a license.
  • Keep photos of the scene and the vehicles, and the names of witnesses.
  • Do not give a recorded statement to the other driver's insurer; see why.
  • If English isn't your first language, read how to talk to the insurer through an interpreter.

Common questions

Can I make a claim if my driving privilege card had expired?

You can bring the claim. The expired card is a separate violation; fault for the crash is still decided by what each driver did.

I was a passenger with an unlicensed driver. Do I have a claim?

Very possibly. The missing license belongs to the driver, not to you. The vehicle's PIP can cover you as an occupant riding with the insured's permission, and you may have a claim against whichever driver caused the crash.

How long do I have to make a claim?

For most injuries, four years to file suit; if a government vehicle was involved, the notice of claim is due within one year. See the deadlines.

Does my immigration status affect the claim?

We cover that in injury claims and immigration status. For immigration questions, consult an immigration attorney.

What does it cost?

One-third of the recovery; the firm advances the case costs, which are repaid from the recovery. You pay nothing up front, and no attorney fees unless we win.

Talk with us

An attorney reviews every case at the start. Call (801) 921-5134 or send us a message.

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