Can the injured person get compensation for driving without a license in the accident car?

Driving without a license itself is an illegal act, and if a traffic accident occurs and there are no other circumstances, you should bear full or primary responsibility.

and shall bear penalties in accordance with law.

Driving without a license shall be punished according to the following provisions, depending on the severity of the specific circumstances:

1. Penalties for driving without a license in the new traffic law: Those who drive a motor vehicle without obtaining a motor vehicle driver's license, have their motor vehicle driver's license revoked, or have their motor vehicle driver's license suspended shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days.

For those who do not carry a motor vehicle driver's license with them, regardless of whether the driver violates the law during the driving process, they are not allowed to continue to drive the vehicle. The traffic management department of the public security organ shall detain the motor vehicle and notify the driver to provide a driver's license. It will be handled separately depending on the circumstances of the driver's license provided.

a) If the driver's license provided is true and legal and there is no illegal act while driving, a warning or a fine of 20-200 yuan will be given, and the motor vehicle will be returned in time;

b) If the driver's license provided is true and legal, but there is an illegal act while driving, it will be punished according to the illegal circumstances and the failure to carry the driver's license, and the motor vehicle will be returned in time;

c) If the driver fails to provide a real and legal motor vehicle driver's license, it will be regarded as driving without a license and may be punished in accordance with the above circumstances.

2. Penalties for driving without a license.

Driving without a license and hitting a person constitutes a traffic accident crime, and generally speaking, if there are no aggravating circumstances, it should be sentenced to up to 3 years in prison.

According to Article 133 of the Criminal Law of the People's Republic of China, whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Find the culprit party, and the insurance company can't pay for it.

First of all, the traffic accident liability certificate issued by the traffic police determines the accident responsibility. If the other party is fully responsible, the other party can be required to compensate. However, driving without a license shall be fined not less than 200 yuan but not more than 2,000 yuan by the Public Security Bureau, and may be detained for up to 15 days.

If it is determined that it is driving without a license and the accident is fully responsible, not only will you be fined, but you will also have to compensate the other party.

1. How to punish accidents caused by driving without a license.

1) Administrative punishment: Article 99, Paragraph 1, Item 1 of the Road Traffic Safety Law stipulates that if a motor vehicle driver is driven without obtaining a motor vehicle driver's license, the motor vehicle driver's license is revoked, or the motor vehicle driving posture license is temporarily detained, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan. Paragraph 2 provides that detention for up to 15 days may be imposed concurrently.

2) Criminal punishment: If a driver's license causes a traffic accident for which the main responsibility is caused, one person must be killed or three or more people seriously injured to constitute the crime of causing an accident; Driving without a license causes a traffic accident for which one or more people are seriously injured, and the crime of causing a traffic accident is constituted. The same is true for the corresponding hit-and-run offence.

3) Liability for compensation: driving without a license does not increase the liability for compensation, but the compulsory traffic insurance and commercial insurance of the motor vehicle will be refused, and all the losses that should be borne shall be borne by the driver himself.

2. What are the circumstances of driving without a license?

Driving without a license can be divided into the following situations (one of which can be recognized as driving without a license):

1) If a motor vehicle driver drives a motor vehicle without going through the driving skills training and examination of a special driver training school and then obtaining a motor vehicle driver's license, it is unlicensed driving;

2) The type of motor vehicle driven by the driver exceeds the scope of the permitted driving type approved by the driver's license (you can refer to the following quasi-driving type and code ** for comparison), and it will be treated as driving without a license (for example, a person who only holds a C license drives a car with a B license, or a person who only holds a B license drives a car with a license, etc.);

3) If the driver does not carry a motor vehicle driver's license that corresponds to the type of vehicle he is driving, he shall be deemed to be driving without a license;

4) A driver's license obtained by forged or altered driver's license or other illegal means, or a driver's license that has expired or expired, or has been suspended, revoked or revoked, shall be deemed to be driving without a license;

5) The driver's age or health condition does not meet the driving conditions.

If the other party does not compensate, you can file a lawsuit with the court to request the other party to compensate, and the lawsuit shall submit a complaint to the people's court, and submit a copy according to the number of defendants.

Legal basis: Article 119 of the Civil Procedure Law provides that a lawsuit must meet the following conditions: (1) the plaintiff is a citizen, legal person or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 120 of the Civil Procedure Law: A complaint shall be submitted to the people's court for a form of prosecution, and a copy shall be submitted in accordance with the number of defendants. Where there is genuine difficulty in writing the complaint, the lawsuit may be filed orally, and the people's court will record it in the pen and make a random record, and inform the opposing party.