Unlicensed drivers are not automatically at fault for a car accident. Fault is determined based on negligence and traffic laws. However, driving without a license is illegal and may result in penalties, regardless of who caused the accident.
Car accidents involving unlicensed drivers can be complicated, often raising questions about liability and legal responsibility.
Many people assume that an unlicensed driver is always at fault, but fault is actually determined by negligence—not licensing status. That means an unlicensed driver may not be responsible for causing the accident, even though they were unlawfully behind the wheel. However, their lack of a valid license can still lead to serious legal and financial consequences.
If you’ve been in a car accident with an unlicensed driver in Las Vegas, it’s important to work with a Las Vegas car accident attorney to understand your rights and the legal options available to you.
Below, we’ll break down how fault is determined, the challenges unlicensed drivers present, and what steps you can take to pursue compensation.
What is an Unlicensed Driver?
An unlicensed driver is anyone operating a vehicle without a valid driver’s license.
This includes individuals who never obtained a license, have a suspended or revoked license, or are driving with an expired one. While unlicensed drivers are violating the law, an unlicensed driver in an accident not at fault may not be held liable if another driver’s negligence caused the crash.
Determining Fault in Accidents with Unlicensed Drivers
Nevada follows an at-fault system, meaning the driver who caused the accident is financially responsible for damages. Fault is based on negligence—not whether a driver had a valid license.
When an accident involves an unlicensed driver, insurance companies and investigators examine key evidence, including:
- Police reports
- Traffic camera footage
- Eyewitness statements
- Vehicle damage analysis
- Traffic law violations
While unlicensed drivers are breaking the law by driving without a valid license, an unlicensed driver in an accident not at fault may not be held liable if another driver’s negligence caused the crash.
Each case depends on the specific circumstances and available evidence.
Are Unlicensed Drivers Automatically At-Fault?
No, unlicensed drivers are not automatically at fault for a car accident. Fault is determined by negligence, meaning the driver who caused the crash through careless or reckless actions is responsible—regardless of licensing status. For example, if a licensed driver speeds through a red light and crashes into an unlicensed driver in an accident not at fault, the licensed driver would likely be held liable.
However, even if an unlicensed driver is not responsible for causing the accident, they can still face legal penalties for driving without a valid license. Under Nevada law (NRS 483.230), unlicensed driving is illegal and may result in fines, citations, or other legal consequences.
Challenges of Dealing with Unlicensed Drivers After an Accident
Accidents involving unlicensed drivers can create serious complications, especially when it comes to insurance claims and financial recovery. Because driving without a license is illegal, insurance companies may deny coverage, making it more difficult for victims to receive compensation. Understanding how these challenges affect your case is essential.
Insurance Implications
Most auto insurance policies require the driver to have a valid license for coverage to apply. If an unlicensed driver causes an accident, their insurance company may refuse to cover the damages. This can leave the injured party struggling to recover compensation through other means, such as personal injury claims or uninsured motorist coverage.
Uninsured or Underinsured Drivers
Many unlicensed drivers are also uninsured or underinsured, making it even more difficult to recover damages. If an unlicensed driver in an accident not at fault is hit by another uninsured driver, they may have limited options for compensation. In such cases, the injured party may need to file a claim through their own uninsured/underinsured motorist (UM/UIM) coverage to cover medical bills, lost wages, and vehicle repairs.
Related: Uninsured Motorist Claims in Las Vegas, NV
Liability and Recovery Options If Unlicensed Driver is Involved in an Accident
Determining liability in accidents involving unlicensed drivers can be complex.
Responsibility often depends on whether the driver owned the vehicle, had permission to drive it, or was covered under an insurance policy. If an unlicensed driver in an accident not at fault is involved, they may still face legal consequences even if they were not responsible for the crash.
Uninsured Vehicle
If an unlicensed driver was operating an uninsured vehicle, victims may have difficulty recovering compensation.
In such cases, the injured party may need to file a claim through their uninsured/underinsured motorist (UM/UIM) coverage or pursue a personal injury lawsuit to seek damages for medical expenses, lost wages, and property damage.
Borrowed Vehicle
When an unlicensed driver borrows a vehicle with the owner’s permission, the owner’s insurance may provide coverage. However, some policies specifically exclude coverage if the driver was unlicensed, which could leave accident victims with limited options for recovery.
Related: Rental Car Accidents
Unauthorized Use of a Vehicle
If an unlicensed driver took a vehicle without the owner’s permission, liability generally falls on the driver rather than the vehicle owner. In such cases, the unlicensed driver could be held personally responsible for damages, and they may also face criminal charges for unauthorized vehicle use.
Seeking Compensation from the Unlicensed Driver
Recovering compensation from an unlicensed driver can be challenging, especially if they are uninsured or lack financial resources. However, accident victims may still pursue a personal injury claim or explore other legal options to hold the responsible party accountable. Working with an experienced attorney can help navigate these challenges and maximize potential compensation.
Unlicensed Driver Statistics
Understanding the risks associated with unlicensed drivers requires looking at key statistics that highlight their impact on road safety. These drivers are more likely to be involved in severe accidents, often leading to fatalities or hit-and-run incidents.
- Percentage of Unlicensed Drivers: Around 3% of all drivers in the U.S. are unlicensed, totaling nearly seven million individuals.
- Fatal Accident Involvement: Studies show that unlicensed drivers are responsible for approximately 20% of fatal crashes, making them a significant risk on the road.
- Drunk Driving and Hit-and-Runs: Nearly half of unlicensed drivers involved in fatal accidents are intoxicated, and a large percentage attempt to flee the scene to avoid legal consequences.
Even when an unlicensed driver in an accident is not at fault, their presence on the road creates legal complications and can make recovering compensation more difficult for all parties involved. In Las Vegas, law enforcement continues to crack down on unlicensed driving, but these incidents remain a persistent problem.
What to Do If You’re in a Car Accident with an Unlicensed Driver
Being involved in a crash with an unlicensed driver can be stressful and complicated.
Whether the unlicensed driver in the accident is not at fault or responsible for the crash, taking the right steps can help protect your rights and strengthen your claim. After an accident, be sure to:
- Call Law Enforcement
- Document the Scene and Exchange Information
- Gather Witness Statements
- Notify Your Insurance Company
- Consult an Attorney
Following these steps can help ensure you have the necessary evidence to pursue compensation, even when dealing with the added challenges of an unlicensed driver.
Related: What to Do After a Car Accident
Need Legal Assistance?
If you’ve been involved in a car accident, an experienced car accident lawyer at Ladah Injury & Car Accident Lawyers Las Vegas can help you seek the compensation you deserve.
With a skilled attorney on your side, you can navigate the complexities of insurance claims and ensure your rights are protected. Don’t let the challenges of dealing with an unlicensed driver or complicated accident scenarios overwhelm you.
Contact us today for expert legal support and a free consultation to discuss your case.
Conclusion
In conclusion, car accidents involving unlicensed drivers can be complicated, but fault is determined by negligence, not licensing status.
While an unlicensed driver may face legal penalties, they are not automatically at fault for the accident. Victims of such accidents may face challenges in recovering compensation, especially if the unlicensed driver is uninsured or underinsured. However, with the right steps and legal assistance, you can still pursue compensation and protect your rights.
If you’ve been in an accident in the Las Vegas area, it’s crucial to consult with an experienced attorney to navigate these complexities effectively.
