Colorado issues two types of restricted licenses: an Ignition Interlock restricted license, which is usually required for people convicted of driving under the influence, and a probationary license, generally for drivers who have accumulated too many points on their license. A restricted license could impact your car accident claim, whether you were the driver with a restricted license or the person hit by a restricted driver. However, having a restricted license isn’t automatically a presumption of negligence or fault.
Bear in mind, when someone has an accident while driving on a restricted license, there may be legal considerations that aren’t present with other types of car accident claims. An experienced Denver car accident lawyer can help you secure fair compensation for your damaged vehicle, medical care, and other losses if you are involved in a collision with someone driving on a restricted license.
Restricted licenses in Colorado
The state issues two types of restricted licenses: Ignition Interlock Device (IID) restricted licenses and probationary licenses.
Whether you were at fault affects the outcome of your car accident claim more than what restrictions are on your license. Let’s examine the two kinds of restricted licenses and how they may impact the outcome of any car accident claim.
Colorado IID restricted licenses
People who have been convicted of a DUI may still be able to drive if they install an Ignition Interlock Device (IID) in their vehicle. An IID is essentially a breathalyzer that prevents the car from starting if the driver has consumed alcohol. However, once the device is installed in the car, the driver can drive freely, as long as they remain sober.
That being said, there are a few things you should know about IID restrictions on your license and accident claims:
- If you are at fault for an accident, your insurance company will process the claim as they would for any other type of license
- If you did not have insurance at the time of the accident or failed to obtain SR-22 insurance and a certificate of financial responsibility, your license may be suspended. If you can prove that you had proper insurance, you can request a hearing with the DMV to appeal the suspension.
Probationary licenses in Colorado
Probationary, or “red” licenses, are given to people who have had their licenses suspended because they accumulated too many points for driving violations or traffic tickets. Or, if your license has been suspended, you may have been permitted to have a probationary license after a certain period of time.
If you have a red license, you can usually only drive your vehicle for a specific purpose (such as directly to work or school). People who have been convicted of a DUI and had their license suspended aren’t eligible for a probationary license.
If you were at fault for the collision and had a red license, your insurance company would treat the claim as if you had a regular license.
Having a restricted license is not proof of fault in a collision
Having a restricted license shouldn’t affect how the police or the insurance companies handle the car accident claim. However, if you are the driver with the restricted license and were violating the terms of its issue, you may end up in legal trouble for that, although it shouldn’t have any impact on your liability.
That being said, your insurance policy may have a clause stating that your coverage is limited or revoked if you end up with a restricted license. If your insurance policy does’ cover damage you cause while driving on a restricted license, you could be in a lot of trouble if you caused the accident. Without insurance, the other driver could sue you, personally, for their damages.
Having a restricted license will not affect your ability to recover damages
If you weren’t at fault for the crash, having a restricted license won’t affect your ability to sue the other driver, either. Whether you’re able to recover compensation from the other driver for your damaged vehicle and medical bills has nothing to do with your license status. If they caused the accident, then they’re liable for the harm they caused you, and you retain your right to file a suit.
Do you need help after a car accident with a restricted licensed driver?
If you have been involved in a collision with someone driving with a restricted license, you can benefit from a lawyer’s advice. While you may be able to recover damages, the driver may have limited insurance or may have voided their policy by being on a restricted license. The attorneys at Zara Injury Law can help you get your fair due. Please contact us today at (866) 823-8288 for a free consultation.