Accidents Caused by Drivers With Suspended Licenses

Accidents Caused by Drivers With Suspended Licenses in North Carolina

Getting hit by a driver with a suspended license in North Carolina puts you in a frustrating spot: the person who hurt you was not even supposed to be on the road, and there is a real chance they were uninsured, too. The good news is that a revoked license often points to a driver who was already a known risk, and that can matter to your claim.

Driving while your license is revoked is a separate crime in North Carolina, distinct from whatever the driver did to cause the crash. Below is what the law says, what penalties the driver faces, and, more importantly for you, how their suspended license affects your right to recover for your injuries.

Is It Illegal to Drive With a Suspended License in North Carolina?

Yes. Driving while your license is revoked is a crime. The statute, G.S. 20-28(a), states:

any person whose drivers license has been revoked who drives any motor vehicle upon the highways of the State while the license is revoked is guilty of a Class 3 misdemeanor.

That is the base offense. The penalty climbs sharply when the revocation is tied to drunk driving.

What Is the Penalty for Driving on a Suspended License in North Carolina?

It depends on why the license was revoked. A standard revocation makes driving a Class 3 misdemeanor. But if the license was revoked for an impaired-driving offense, G.S. 20-28(a1) raises it to a Class 1 misdemeanor and adds more revocation time:

Any person whose drivers license has been revoked for an impaired driving revocation ... and who drives any motor vehicle upon the highways of the State is guilty of a Class 1 misdemeanor. Upon conviction, the person's license shall be revoked for an additional period of one year for the first offense, two years for the second offense, and permanently for a third or subsequent offense.

So a driver caught behind the wheel after a DWI revocation faces escalating, eventually permanent, loss of their license.

Does a Suspended License Automatically Make the Other Driver at Fault for My Crash?

No. This surprises people. Driving on a revoked license is illegal, but the violation by itself does not prove the driver caused your wreck. Fault still comes down to how the crash happened: who ran the light, who crossed the center line, who rear-ended whom. That said, the suspended license is part of the story and speaks to a driver who was already flagged as a risk.

Can I Sue a Driver Who Hit Me While Driving on a Suspended License?

Yes. Your right to recover for your injuries does not depend on whether the other driver was licensed. If their careless driving caused the crash, you can pursue a personal injury claim for your medical bills, lost wages, and pain and suffering the same as in any other North Carolina car accident case. Their license status is one more fact in your favor.

Can I Sue the Owner Who Let an Unlicensed Driver Borrow the Car?

Sometimes, yes. North Carolina recognizes negligent entrustment, a claim against a vehicle owner who hands the keys to someone they knew or should have known was unfit to drive, such as someone with a revoked license or who was visibly impaired. That can open a second source of insurance coverage beyond the driver, which matters when the driver has little or nothing.

What if the Driver Who Hit Me Had No Insurance?

This is common with revoked-license drivers, and it is where your own policy steps in. Uninsured motorist coverage on your North Carolina auto policy is built for exactly this situation, allowing you to recover from your own insurer when the at-fault driver has no coverage. Underinsured motorist coverage fills the gap when the other driver's limits are too low. Preserving those rights early is important.

How Does North Carolina's Contributory Negligence Rule Affect My Claim?

It raises the stakes. North Carolina follows a strict contributory negligence rule, which means if the insurer can show you were even slightly at fault, it can try to defeat your claim entirely. That is why the suspended-license driver's conduct, and clean proof that you did nothing wrong, both matter so much. The facts get examined closely on both sides.

What Should I Do After Being Hit by a Driver With a Suspended License?

Treat it like any serious crash, and document carefully.

• Call 911 and make sure a police report is created; the officer will note the license status.
• Get medical care the same day, even if you feel okay.
• Photograph the scene, the vehicles, and the damage.
• Get witness names before anyone leaves.
• Do not give a recorded statement to the other side's insurer before you have advice.

The police report documenting the revoked license becomes useful evidence later.

What if the Suspended Driver Fled the Scene?

It happens because a driver who is not supposed to be on the road has a reason to run. If that occurs, you are now dealing with a hit and run, and your uninsured motorist coverage can apply even when the driver is never identified. Our page on what to do after a collision walks through the immediate steps.

How Long Do I Have to File a Claim in North Carolina?

Generally, a few years from the date of the crash, often three, with a shorter window for a wrongful death claim. Waiting is still risky, because evidence fades and witnesses move. The sooner the facts are locked down, the stronger the claim.

What Is the Difference Between a Suspended and a Revoked License in North Carolina?

In everyday terms, very little. North Carolina's statutes mostly use the word "revoked," and people use "suspended" to mean the same thing: your privilege to drive has been pulled, whether for unpaid tickets, a DWI, too many points, or a failure to appear in court. Either way, getting behind the wheel during that period is the crime described above, and either way, it points to a driver who was already flagged as a risk before your crash.

Can a Passenger in a Suspended Driver's Car Recover After a Crash?

Yes. If you were a passenger and another driver caused the wreck, you have a claim against that at-fault driver. If your own driver, the one with the suspended license, caused it, you may have a claim against them and their insurer, and potentially against the owner who entrusted the car. Passengers are often the most clearly blameless people in the vehicle, which matters under North Carolina's contributory negligence rule.

Will My Insurance Rates Go Up Because a Suspended Driver Hit Me?

They should not, because you did nothing wrong. A claim you make through your own uninsured or underinsured motorist coverage arises from another driver's fault, not yours, and a not-at-fault claim is treated differently than an at-fault one. Do not let the fear of a rate increase stop you from using coverage you have already paid for.

Why Does the Police Report Matter So Much in These Cases?

Because it documents the license status from the start. The responding officer typically runs the other driver's license and notes a revocation right in the crash report, creating an independent, dated record that the driver was not legally on the road. That record is harder for an insurer to wave away than your account alone, and it can point toward negligent entrustment and other sources of coverage. Always make sure a report is created, and get a copy.

Talk to a North Carolina Car Accident Lawyer at The Law Offices of John M. McCabe

If a driver who never should have been on the road hurt you, do not assume an empty policy means an empty claim. The Law Offices of John M. McCabe looks for every source of coverage and prepares every case as if a jury will hear it. Call for a free consultation.

Updated 2026. This page reflects North Carolina's driving-while-revoked law, G.S. 20-28, in effect as of 2026. It is general information, not legal advice.

Check out other NC safety laws by visiting our main North Carolina safety laws page.