An accident without a driving licence has serious consequences - even if you are not primarily to blame for the incident. While simply forgetting your driving licence is only punishable by a small fine, driving without a valid licence is considered a criminal offence. If this results in an accident, you may not only face high fines or imprisonment, but also considerable problems with the insurance company - including recourse claims of up to several thousand euros.
In this article, you will find out what consequences you may face if you have an accident without a driving licence, when the insurance pays out - and what vehicle owners must also bear in mind when they leave their car to others.
- If you have a driving licence and have simply forgotten to carry it with you, you "only" have to pay a fine of 10 euros.
- However, if you drive without a valid driving licence and therefore do not have a driving licence or your driving licence has been revoked, you could face considerable penalties. It is a criminal offence.
What happens if I forget my driving licence?
If you have a driving licence and have only forgotten it, you are in breach of Section 4 (2) of the German Driving Licence Ordinance (FeV). This states that you must carry your driving licence with you every time you drive and hand it over to the responsible persons for inspection on request.
If you disregard this regulation, you will have to pay a fine of 10 euros. The situation is completely different if you do not have a driving licence! Then you are committing a criminal offence.
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What happens if I drive without a valid driving licence?
If you drive without a driving licence, you are committing a criminal offence under Section 21 of the Road Traffic Act (StVG). It makes no difference whether you have never obtained a driving licence or whether your licence has been revoked. The level of the penalty then depends on whether the offence was intentional or negligent.
- Intent: You are proven to have acted deliberately and wilfully. This can result in a prison sentence of up to one year or a fine.
- Negligence: You do not fulfil your duty of care. In this case, you can expect a prison sentence of up to six months or a fine of up to 180 daily rates.
NoteThe vehicle owner also faces a penalty if he allows someone to drive his vehicle but the person cannot produce the necessary driving licence. As the vehicle owner, you can then expect a prison sentence of one year or a fine.
What happens in the event of an accident without a driving licence?
The situation becomes more complicated if you then also cause an accident without a driving licence. On the one hand, you will then have to pay the above-mentioned penalties for driving without a licence or even without a driving licence. The consequences of the accident are then added to this. These depend heavily on how serious the damage is in the end.
The party responsible for the accident must restore the injured party's vehicle to the condition it was in before the accident and may also have to pay compensation. The party responsible for the accident must also pay for other costs such as treatment costs and travelling expenses.
It makes no difference whether you have never obtained a driving licence or whether your licence has been revoked.
Does the insurance pay in the event of an accident without a driving licence?
In general, your own liability insurance pays for damage caused to the other party in the accident. But what happens if you have caused an accident without a driving licence? According to Section 5 (1) of the Ordinance on Insurance Cover in Motor Vehicle Liability Insurance (KfzPflVV), you are in breach of your obligations if you drive a vehicle without a driving licence.
In the event of an accident without a driving licence, the insurer may be not obliged to do sothat you to bear the costs incurred or even settle the claim in full. In most cases, your insurance company will pay out the injured party, but you will most likely be held liable later. This means that your insurance company can then demand a portion of the costs back from you.
According to § 5 paragraph 3 of the KfzPflVV, the amount in the event of recourse (i.e. recovery by the insurance company) is limited to 5,000 euros. But be careful! This sum can increase if, for example, you were not only driving without a driving licence, but were also driving the vehicle while drunk or if a hit-and-run was committed.
What are the consequences of a hit and run after an accident without a driving licence?
The penalties are correspondingly severe if you have driven without a driving licence, caused an accident and subsequently committed a hit-and-run. You are then guilty of two breaches of obligation. Your insurer will in all probability deny you insurance cover. According to § 142 of the German Criminal Code (StGB), unauthorised removal from the scene of an accident can result in up to three years imprisonment or a hefty fine. In addition, driving without a licence carries a prison sentence of up to one year or a fine.
Find out more about the hit and run here.
In the event of an accident without a driving licence and driving licence with subsequent hit-and-run the insurance cover is cancelled completelyThis means that the person responsible for the accident must pay all the costs of settling the claim themselves.
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Frequently asked questions about accidents without a driving licence
What happens if I forget my driving licence?
If you have a valid driving licence but do not have it with you, this is merely an administrative offence. You must expect a warning fine of 10 euros - no more.
Is driving without a valid licence a criminal offence?
Yes, anyone who drives without a valid driving licence - i.e. has never had one or no longer has one after it has been revoked - is committing a criminal offence under Section 21 StVG. This offence carries a fine or a prison sentence of up to one year (in the case of intent) or six months (in the case of negligence).
Who is liable in the event of an accident without a driving licence?
The person responsible for the accident must pay for all damages. Liability insurance usually pays the injured party first, but then takes recourse against the driver - usually up to €5,000 or more if alcohol or a hit-and-run were also involved, for example.
Can the owner of the vehicle also be penalised?
Yes, anyone who allows another person to drive their vehicle without a valid driving licence is also liable to prosecution. The vehicle owner is also liable to imprisonment or a fine under Section 21 StVG.
What happens if you hit and run without a driving licence?
In this case, there are several criminal offences: driving without a licence, unauthorised removal from the scene of the accident and possibly gross negligence or intent. Insurance cover is usually cancelled completely - the driver is personally liable for all damages.
