what will happen when i file a claim but the person driving my car didnt have valid license?

Its unclear who you're suing. I assume you were a passenger in your own car?, and your gf was driving? is your claim against the driver of the car who hit your vehicle? If thats the case, then under fla's comparative fault statute, you could still have a valid claim against the third party driver, if he/she was at fault or partially at fault, and your damages would be reduced by any fault apportioned to your gf, if in fact she was at fault or partially at fault. Of course you would need to consult with counsel to go over all the facts and determine the best approach on how to proceed. Above all do not give a statement to anyone until you both have retained counsel   Steve