5 min read time
Table of Contents
What Happens If an Unlicensed Driver Has an Accident with My Car in Nevada?
Car accidents involving unlicensed drivers are often complex legal and insurance issues that come with several financial implications and legal consequences.
Below, our Las Vegas car accident attorneys cover what happens if an unlicensed driver gets in a car crash with your vehicle.
Implications for the Car Owner
If your vehicle was being driven by an unlicensed driver with your permission and they got into a car crash, your insurance company may cover the damages resulting from the accident. However, this completely depends on the terms of your insurance coverage, as the insurance company has a right to include a clause that denies claims for unlicensed/uninsured drivers.
In addition to potentially having your insurance claim denied, you could be held liable for the car accident under the legal doctrine of negligent entrustment.
This means you'll be considered at fault for the car accident and will have to pay for the injuries and damages caused by the unlicensed driver.
Consequences for the Unlicensed Driver
According to Nevada Revised Statutes (NRS) 483.230, the unlicensed driver may face a misdemeanor offense following the car accident.
This misdemeanor offense could result in fines of up to $1,000 and jail time of up to six months.
Also, the unlicensed driver may be held liable for the injuries and damages resulting from the car accident without help from car insurance.
What Should I Do If I’m Involved in a Car Accident with an Unlicensed Driver
Being involved in a motor vehicle accident with an unlicensed driver can be a stressful and confusing experience, with you maybe not knowing what to do next.
Using this step-by-step guide provided by a Las Vegas car accident attorney, you can easily navigate a car accident involving an unlicensed driver.
Immediate Steps to Take at the Accident Scene
Following a car accident involving an unlicensed driver, the first things you should do are:
- Ensure Safety: Ensure the safety of all parties involved in an accident and contact emergency medical services if anybody is injured.
- Exchange Contact Information: Gather insurance and contact information from the unlicensed driver. Prioritize obtaining information such as their name, contact details, and vehicle information.
- Notify Your Insurance Company: Report the car accident to your insurance company and include the fact that the other driver was unlicensed.
- Review Your Insurance Policy: Review your car insurance policy to see if it contacts insurance coverages that help with unlicensed drivers, such as uninsured/underinsured motorist coverage.
- Contact a Car Accident Lawyer: Schedule a free consultation with a Las Vegas car accident lawyer and obtain a free case review to learn about the potential legal options that are available to you.
If you have a Nevada car accident case involving an unlicensed driver and seek help from an experienced Las Vegas car accident lawyer, contact Accident Attorney Rodney Okano. He has over 20+ years of experience in personal injury law and will provide the advice you need to win your case.
How Does Liability Work in an Accident with an Unlicensed Driver
Nevada works under a fault-based system for car accidents, which means that the driver responsible for the accident is required to compensate the other party for their injuries and damages.
In addition, Nevada is a comparative negligence state, which means that multiple parties can be at fault for a car accident; however, it's important to understand that Nevada follows a modified comparative negligence that differs from any other comparative negligence state.
In an unlicensed driver accident, liability will generally work the same as in a car accident with licensed drivers; however, not being a licensed driver can still have a chance of affecting liability.
What If an Unlicensed Driver in an Accident Was Not at Fault?
Even if an unlicensed driver is not at fault for the car accident, they may still face financial and legal consequences for driving without a valid license.
Will Insurance Cover an Unlicensed Driver If They Are Not at Fault?
In a car accident where an unlicensed driver is not at fault, the at-fault driver's insurance company should cover the damages and expenses for the unlicensed driver and any passengers.
However, some insurance companies may have an insurance policy that has exclusions for unlicensed drivers, meaning that even though the other driver was at fault for the car accident, the insurance companies will not cover your damages and injuries due to the fact that an unlicensed driver was operating your vehicle.
We'll Take Your Case
Many Las Vegas car accident attorneys avoid taking a car accident case involving unlicensed drivers as the insurance and legal complications may not be worth the time and money even to an experienced legal team.
However, at The Rodney Okano Car Accident Lawyer Law Firm, our experienced car accident lawyers gladly accept car accidents involving an unlicensed driver with over 20+ years of experience in injury cases; our legal team can handle any car accident case no matter the circumstances.
Contact our experienced car accident lawyers today by calling (702) 566-3600 or submitting a message where you'll receive a free case review.
What Happens If the At-Fault Driver Is Not Insured
In Nevada, driving without minimum liability insurance is illegal, according to NRS 485.187, and uninsured drivers mayface penalties such as fines, license suspensions, and a requirement to provide an SR-22 form.
With it being illegal, if you were in a motor vehicle accident with an uninsured driver, they would still be legally responsible for any damages and injuries caused by the accident.
However, most uninsured drivers lack the means to fully compensate you, so it's essential to check if your insurance policy contains uninsured/underinsured motorist coverage (UIM).
Uninsured/underinsured motorist coverage is meant to financially protect you in the event a driver driving without insurance gets into a motor vehicle accident with you.
Which Demographic Contains the Most Unlicensed Drivers
There are unlicensed drivers in every demographic; however, some groups have a proportionally higher number of unlicensed drivers than others.
Some of the demographics that contain the most unlicensed drivers are:
- Young Drivers (16-19 Years Old): According to the Hedges Company, only 39.5% of young drivers are licensed drivers.
- Young Adults (20-24 Years Old):Another noticeable unlicensed group is young adults, with about 19% of individuals driving without a license, according to Car Horizon.
- Elderly Drivers (85 Years and Older): About 30.9% of elderly drivers do not hold a valid license, which may be due to health issues or a voluntary relinquishment of driving privileges.
Will Insurance Cover an Unlicensed Driver?
Typically, most insurance coverages will not cover the damages caused by unlicensed drivers.
Situations Where Insurance Coverage May Be Affected
In car accidents with unlicensed drivers, there are numerous scenarios where coverage may be affected, some being:
- At-Fault Accidents: In a car accident case, when the unlicensed driver is at fault, the insurance company will most likely deny coverage.
- Not At-Fault Accidents:If the unlicensed driver was not at fault for the accident, the insurance policy might allow for the unlicensed driver to be financially covered for their injuries and damages.
- Medical Payments and Personal Injury Protection: If the unlicensed driver has a medical payment coverage or PIP, which covers a person's medical expenses regardless of fault, they may receive coverage for medical costs resulting from the accident.
To see if the insurance company will cover your injuries and damages, schedule a free consultation with a Las Vegas car accident attorney from our expert team today.
Obtain the Compensation You're Entitled To
Contact Us Today
Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
