[Direct answer]In the Beijing area, compulsory motor vehicle liability insurance (CMVLI) still needs to provide compensation within certain limits. According to Article 22 of the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents (amended on March 2, 2019), if a traffic accident occurs under circumstances such as the driver not having a driving qualification or being intoxicated, the insurance company shall advance the rescue expenses within the limits of CMVLI liability and have the right to recover compensation from the perpetrator; for the victim's property losses, the insurance company shall not bear the compensation responsibility. Therefore, if a traffic accident occurs due to unlicensed driving, the related expenses for the victim's personal injury and death can be handled by CMVLI within certain limits, and the insurance company can recover the compensation from the perpetrator after fulfilling its obligations; while property losses are generally not within the scope of CMVLI compensation. Commercial insurance generally lists unlicensed driving as an exemption clause, and whether to provide compensation needs to be reviewed based on the obligation to provide a prompt explanation of the exemption clause and specific provisions. The specific provisions shall be subject to the insurance contract, current effective laws and regulations, and judicial rulings.

I. Problem background and typical scenarios

Accidents caused by unlicensed driving often lead to disputes over insurance claims. Typical scenarios include: accidents caused by drivers who do not have driving qualifications; lending a car to unlicensed drivers; driving during the period when the driver's license has been revoked or suspended; victims being denied compensation by compulsory insurance; and commercial insurance refusing to pay compensation on the grounds of unlicensed driving. In the above situations, the coverage of compulsory insurance and commercial insurance is different, and the rights and obligations of victims, insureds, and perpetrators also vary accordingly. For related personal injuries and insurance, please refer to the following information for reference.Personal injury and medical disputes.

II. Key points of dispute

First, the scope of the statutory exemption clauses of compulsory auto insurance. Second, the boundaries of advance payment and compensation for personal injury-related expenses. Third, whether property damage falls within the scope of compulsory auto insurance compensation. Fourth, the objects and conditions of insurers' right of recourse. Fifth, the effectiveness of the exemption clauses for unlicensed driving in commercial insurance. Sixth, the borrowing liability and fault determination of car owners. Seventh, the path for victims to claim compensation. The above issues determine whether various compensations can be obtained. For insurance contract disputes, please refer to the relevant provisions.Business and contract disputes in enterprises.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers advise in traffic accident and insurance practice that unlicensed driving does not necessarily lead to exemption from liability under compulsory motor vehicle liability insurance. It is necessary to distinguish between different items and types of insurance. Firstly, compulsory motor vehicle liability insurance is mandatory and public-welfare in nature, with limited statutory exemption clauses. Unlicensed driving does not fall under exemption clauses such as intentional acts of the victim, so insurance companies usually handle the victim's personal injury-related expenses within the liability limit and may recover the compensation from the perpetrator in accordance with regulations. Secondly, the handling of property losses is different. According to the "Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents", insurance companies do not bear liability for property losses caused by unlicensed driving. Thirdly, when reviewing commercial insurance clauses, if unlicensed driving is listed as an exemption clause, it is necessary to check whether the insurer has fulfilled its obligation of providing clear explanations and warnings. Exemption clauses that are not fulfilled may not be effective. Finally, clarify the recovery relationship. After making advance payments, insurance companies can recover the compensation from unlicensed drivers and other responsible parties. If the car owner knew that the other party was unlicensed but still lent the car to them, they may bear corresponding fault liability. Henglue Lawyers usually first verify the accident identification, driving qualifications, and insurance policy clauses to determine the respective coverage of compulsory motor vehicle liability insurance and commercial insurance, and then claim compensation or defend against recovery based on this. For personal injury and insurance claims, you can refer to the relevant provisions. 恒略律师在交通事故与保险实务中提示：无证驾驶并不导致交强险当然免责，应区分项目与险种。首先，交强险具有强制性和公益性，法定免责情形有限，无证驾驶并不属于受害人故意等免责事由，因此对受害人的人身伤亡相关费用，保险公司通常需在责任限额内先行处理，并可依规定向致害人追偿。其次，财产损失的处理不同，依据《机动车交通事故责任强制保险条例》规定，无证驾驶情形下造成受害人财产损失的，保险公司不承担赔偿责任。再次，审查商业险条款，若将无证驾驶列为免责情形，需审查保险人是否履行提示与明确说明义务，未履行免责条款可能不产生效力。最后，明确追偿关系，保险公司垫付后可向无证驾驶人等相关责任人追偿，车主明知对方无证仍出借的，可能承担相应过错责任。恒略律师通常先核验事故认定、驾驶资格与保单条款，确定交强险与商业险各自的可赔范围，再据以主张赔付或应对追偿。涉及人身损害与保险理赔的，可参考相关规定。Personal injury and medical disputes.

IV. Practical suggestions and legal basis

Action list: First, report the accident to the police and obtain the accident identification certificate in a timely manner after the accident; Second, check the status of the driver's license and the terms of the insurance policy; Third, distinguish the compensation scope of compulsory motor vehicle liability insurance and commercial insurance and claim separately; Fourth, pay attention to the possibility of recovery of compensation by the insurance company and evaluate the liability; Fifth, car owners should not lend their cars to unlicensed individuals. Legal basis: Article 21 and Article 22 of the "Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents Liability" (amended on March 2, 2019) regarding the compensation scope, advance payment and recovery of compulsory motor vehicle liability insurance; Article 76 of the "Road Traffic Safety Law of the People's Republic of China" (amended on April 29, 2021) regarding the compensation for motor vehicle accidents; Article of the "Insurance Law of the People's Republic of China" (amended on April 24, 2015) regarding the insurance liability and exemption clauses. For cases involving personal injury and insurance, you can refer to the relevant provisions.Personal injury and medical disputesFor disputes involving insurance contracts, you can refer to the following materials for reference.Business and contract disputes in enterprises; For matters involving the enforcement of compensation, you can refer to the following documents for reference.Creditor's rights and debts, and enforcementThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, driving without a license does not exempt the compulsory motor vehicle liability insurance from liability for personal injury and death. Secondly, property losses are not covered by the compulsory motor vehicle liability insurance. Thirdly, after the insurance company makes an advance payment, it can seek compensation from the person causing the damage. Fourthly, the insurance company must fulfill the obligation to provide warnings and explanations regarding the exemption clauses of the commercial insurance. Fifthly, car owners should be cautious when lending out their vehicles to avoid bearing liability for faults. For cases involving personal injury and insurance claims, you can seek legal assistance throughPersonal injury and medical disputesObtain a comprehensive solution for the service.

VI. Frequently Asked Questions

Q1: Is the compulsory motor vehicle liability insurance compensated if someone drives without a license and causes an accident?

Within the scope of personal injury and death-related expenses, compulsory auto insurance usually needs to be handled first within the liability limit, and the insurance company has the right to recover compensation from the perpetrator; however, the insurance company is not liable for compensation for the victim's property losses according to law.

Q2: Will the commercial insurance cover the damages if someone drives without a valid driving license?

Generally, no. Most commercial insurance policies list driving without a license as an exemption clause; however, insurers must fulfill their obligation to provide clear explanations and warnings about the exemption clauses. If they fail to do so, policyholders can claim that the clause is not enforceable.

Q3: Can I seek compensation from the insurance company if it has paid the claim?

Yes. According to the provisions of the "Regulations on Compulsory Insurance for Liability for Motor Vehicle Traffic Accidents", after the insurance company pays the rescue expenses in circumstances such as driving without a license, it has the right to recover the compensation from the perpetrator, and the actual person who bears the responsibility is the driver who violates the law.

Q4: If you lend your car to someone who doesn't have a driving license and an accident happens, who will be held responsible?

The driver bears the main responsibility; if the owner knowingly lends the vehicle to someone who does not have a driving license, the owner may be deemed at fault, and will need to bear the corresponding compensation liability, and may face recourse from the insurance company.

Q5: How can the victim claim compensation?

You can first claim the expenses within the liability limit of the compulsory insurance from the insurance company, and then claim compensation from the infringer for the excess part; at the same time, keep the accident identification certificate, medical bills, and relevant evidence, and if necessary, resolve the matter through litigation.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit.Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.