What to do if your driver s license expires and you get into a traffic accident

It should be reapplied immediately. First, an expired driver's license is not the same as driving without a license. Driving without a license means that the driver does not obtain a motor vehicle driver's license issued by the traffic management department of the public security organ when driving a motor vehicle.

At most, the scope of expansion can be interpreted as the revocation of a motor vehicle driver's license or the revocation of a driver's license in accordance with the law. As long as the driver passes the driver's license qualification test organized by the vehicle management department of the public security organ, he has the driving qualification, and as long as the driver's license has not been cancelled according to law, he has always had the legal driving qualification.

Second, if the driver fails to renew his license on time, his driver's license will not necessarily be revoked. Motor vehicle driver's license examination and renewal belongs to the scope of administrative management, is the motor vehicle management department to allow the driver to engage in specific driving behavior of the implementation of the administrative licensing acts, driver's license expired and not renewed on time should be dealt with by the traffic management department in accordance with the law, the People's Republic of China motor vehicle driver's license management measures stipulate: the holder does not apply and exceeds the validity period of the renewal, according to law punishment after the replacement of the license.

In other words, after accepting the punishment of the public security traffic management department, you can still go through the procedures for replacing your certificate. Before his certificate was revoked, he could not be found to be unqualified to drive, and Han did not have his driver's license revoked or his driver's license revoked from the time he first received his driver's license to the time of the insured accident.

Third, compulsory traffic insurance refers to the compulsory liability insurance in which the insurance company compensates within the liability limit for the personal and property losses of the victims other than the vehicle personnel and the insured caused by a road traffic accident of the insured motor vehicle. The compulsory traffic insurance is based on the mandatory provisions of the law, the main purpose is that the victims of road traffic accidents can obtain basic protection, this public welfare is embodied in the "People's Republic of China Road Traffic Safety Law" Article 76 of the insurance company to bear the basic principle of no-fault liability for the insured accident, that is, the motor vehicle insured by compulsory traffic insurance traffic accident, resulting in the third party's personal and property losses, by the insurance company first within the liability limit to compensate. Regardless of whether the parties involved in the traffic accident are at fault and the degree of fault, this reflects the fundamental purpose of compulsory traffic insurance to protect the interests of victims and the public. Even if the driver drives without a license, it does not belong to the "Road Traffic Safety Law of the People's Republic of China" and the "Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability" stipulated in the insurance company's obligation to compensate for the victim's personal **, and the insurance company cannot refuse to pay on the grounds that the driver's license expires, so in the case of a traffic accident caused by the expiration of the driver's license, the insurance company still has to bear the liability for compensation within the scope of the compulsory traffic insurance.

Accidents occur when the driver's license expires.

Legal analysis: If a motor vehicle driver still drives a motor vehicle on the road after the driver's license expires and causes a traffic accident, it is unlicensed driving and shall bear full responsibility for the accident; If the other party is also at fault, the traffic police department shall determine the proportion of responsibility of both parties according to the role played by both parties in the accident and the severity of the fault.

Legal basis: Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall determine the responsibility of the parties according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault. (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; (2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; (3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, neither party is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.

Article 99 of the Road Traffic Safety Law of the People's Republic of China Any person who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ

1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;

2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;

3) Fleeing after causing a traffic accident that does not constitute a crime;

4) The motor vehicle is driving more than 50% of the speed limit;

5) Forcing a motor vehicle driver to drive a motor vehicle in violation of imitation Yusui road traffic safety laws, regulations, and motor vehicle safety driving requirements, causing a traffic accident, which does not constitute a crime;

6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;

7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;

8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.

Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances of items 1, 3, or 5 through 8, they may be detained concurrently for up to 15 days.

How to deal with traffic accidents after the driver's license expires: 1. Call the police first to see if you need to bear the responsibility of wanton ingenuity in accordance with the law; 2. Negotiate with the insurance company to see if it meets the reasonable compensation conditions for lease breaking; 3. Apply for a replacement driver's license immediately; If you have already applied for a driver's license and have not yet obtained it, just wait patiently; If the motor vehicle driver's license has been valid for more than one year and has not been renewed, it is considered to be driving without a license.