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QuestionInsurance Question  I have a family member who was involved in a fender-bender in Delaware on Christmas Eve. He and is wife were driving in a parking lot and were hit by another car. The car and insurance are in the wife's name because the the husband is unlicensed. The husband was driving but that was not acknowledged in the report nor did the police officer care because the parking lot is private property (this is what was told). They towed the car, not sure about the damage to the other car. What time of fine will he receive?

AnswerAuto Insurance Answer

Delaware Code Title 21 Section 2701 discusses driving without a license and the penalties. Here it states under Subsection (a) that no person shall drive a motor vehicle on a public street or highway of this State without first having been licensed under this chapter, unless expressly exempt from the licensing requirements.

Subsection (b) then notes that no person shall drive a motor vehicle on a public street or highway of this State after serving a period of suspension, revocation or license denial, without first having obtained a valid license through proper reinstatement procedures as prescribed by this title.

Subsection (c) says no person shall drive on a public street or highway of this State a motor vehicle of a class or type for which the person has not been duly licensed. And (d) states no person whose license has expired shall drive a motor vehicle on a public street or highway of this State.

Subsection (e) gives the penalties. Whoever violates subsection (a) or (b) of this section shall for the first offense be fined not less than $50 nor more than $200. For each subsequent like offense, the person shall be fined not less than $100 nor more than $500 or imprisoned for a term not to exceed 6 months, or both.

And (f) notes that whoever violates subsection (c) or (d) of this section shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, the person shall be fined not less than $50 nor more than $100.

It does not appear your relative was given a ticket for driving unlicensed, apparently due to the fact he was on private property. If he was not cited for being unlicensed than he would not receive a fine usually. However if he was ticketed for driving without a license the fine would between $50 and $100, if cited under De Code Section 2701(a), though with court costs and other fees the amount due to the court may be higher.

Since they were hit by the other vehicle they should make their claim for their vehicle's damages with the at-fault party's Property Damage Liability policy. The unlicensed driver of course should not operate any of their vehicles until he is able to go through the Delaware licensing process so that he is legal to drive in DE. The Delaware Division of Motor Vehicles can give him information on what he needs to do to become licensed and legally drive.

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