Can I receive compensation from auto insurance with a revoked driver's license?

If you are having problems related to your license and want to know if you can receive compensation from your auto insurance with a revoked license, read this article and understand the subject better.

Even if you have had car insurance for years, you may still be faced with questions frequently.

After all, there are many details that complement this type of service provision.

These doubts are even more common when the subjects are the rights and duties of the insured and/or insurer, or even when we talk about situations such as claims.

It is always important to know what your rights are, for example, when the insurance company can or cannot refuse to pay compensation.

If you are having problems related to the status of your driver's license and want to know if you run the risk of not receiving compensation from your auto insurance with a revoked license, follow this article and find out.

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Can I stop receiving auto insurance compensation if my driver's license is revoked?

Unfortunately, the answer to that question is yes.

Insurance companies may refuse to cover compensation, whether partial or total, due to a driver's license in an irregular situation.

This happens because, according to law 9,503/1997 of the CTB – Brazilian Traffic Code, when a driver has his driver's license revoked, he is prohibited from driving for a period of up to two years.

Therefore, if the insured suffers a traffic accident while having his driver's license revoked, it means that he was breaking a traffic law.

Failure to comply may result in detention of six months to one year or the payment of a fine.

Insurance companies always try to create their contracts in line with traffic laws, which is why the insurance coverage contracted is automatically excluded when a driver, insured or insurance beneficiary is caught driving with a revoked license.

Is this coverage exclusion provided for in the contract?

Yes, insurance companies usually add a clause to the contract stating that when the driver's license is illegal, i.e. expired, revoked, suspended or not renewed, there is no obligation to pay compensation, whether partial or total.

It is worth remembering that this rule applies to anyone driving the insured vehicle, whether it is the insured, the beneficiary, the main driver, or any other person who takes the vehicle with or without the owner's consent.

Therefore, before taking out car insurance, it is a good idea for the customer to read the contract carefully, to avoid any unpleasant surprises.

It is worth mentioning that, when this clause exists, it can be applied even if the driver is not the insured.

Insurance companies usually take this approach to prevent contractors from causing accidents in order to earn insurance money, and thus harming the companies financially.

Is there any irregular situation with the CNH in which it is possible to be compensated by insurance?

As mentioned previously, insurance companies reserve the right not to pay partial or full compensation to drivers who are involved in accidents with an irregular driver's license.

However, among the many possibilities that are considered irregular, there is one in which it is possible to open a loophole and receive compensation from auto insurance. We are talking about an expired driver's license.

All drivers know that a driver's license is a document with a validity period and needs to be renewed according to the stipulated expiration date, which can vary from one driver to another.

However, even after the validity of this document has expired, the driver has an additional 30 days to renew the CNH.

If during this period he is involved in an accident and needs to use his auto insurance, the insurance may refuse to cover the necessary compensation because his license has expired.

However, it can also guide the insured to renew their driver's license as soon as possible after repairs or compensation for total loss are made.

Therefore, it is essential to always have a good insurance broker.

It can be very useful in a negotiation like this.

When does the insured lose the legal right to receive compensation from auto insurance?

The courts determine that the insured only loses the right to compensation when he assumes the risk of causing an accident, that is, commits an imprudence knowing that this offers a high chance of damaging the car.

However, driving without a license does not always fall into this situation, since simply driving without a valid driver's license does not directly pose a risk of an accident.

Although it may be considered that the driver was at fault, this attitude alone does not constitute dangerous driving.

However, if a driver with an expired license is driving a car that has insurance and decides to drive in the wrong direction.

In this case, the insured may lose the right to compensation, as this is characterized as an increase in risk.

In other words, the driver assumed that this decision increases the risk of accidents.

Even if the customer has no intention of harming the company, they may lose their money.

In these situations, it is up to the insurance company to prove to the court that the driver's conduct consciously and, therefore, intentionally increased the risks.

Now that you know that you may not receive compensation from your auto insurance if your driver's license is revoked, expired or has any other irregularity.

Try to regularize your license, so you don't run the risk of losing the right to use your car insurance.