Mahna Pourshaban - Attorney at Gina Corena & Associates

Attorney at Gina Corena & Associates

Practice Areas: Personal Injury

Getting into a car accident can leave you feeling overwhelmed and confused about what steps to take next. When that accident involves an unlicensed driver, things can feel even more complicated. You may be wondering: Can I still get compensated for my injuries? Who is responsible for paying my medical bills and car repair costs?

This blog post will walk you through your rights after an accident with an unlicensed driver, who you can seek compensation from, and the steps you should take to protect yourself.

Can You File a Personal Injury Claim After an Accident with an Unlicensed Driver?

Yes, you can. The fact that the other driver doesn’t have a license does not change your right to file a personal injury claim. Whether the driver had a valid license or not, if they were at fault, you have the right to seek compensation for your injuries, vehicle damage, and other losses.

However, collecting that compensation may be more complicated when the other driver is unlicensed. It’s possible they could flee the scene, be harder to track down, or complicate the process in other ways. This is why having an experienced personal injury attorney on your side is so important—they can guide you through these complications and fight for your rights.

Who Can You Seek Compensation From After an Accident with an Unlicensed Driver?

In any car accident, you have several options for seeking compensation. Here are some potential sources after an accident with an unlicensed driver:

Filing a Claim with the Driver’s Insurance Company

If the unlicensed driver still has auto insurance—maybe they lost their license recently—they are likely still covered under their insurance policy. In this case, you can file a personal injury claim with the driver’s insurance company. Their license status won’t affect their insurance’s obligation to pay for damages caused by the accident.

Compensation options for unlicensed driver accidents - corena law

Seeking Compensation Directly from the Driver

In some cases, you may try to get compensation directly from the driver. This approach can be tricky, especially if the driver doesn’t have significant assets. If the driver is uninsured or underinsured and lacks financial resources, it can be difficult to collect the compensation you deserve. An attorney can help evaluate whether this is a worthwhile route.

Making a Claim Under the Car Owner’s Insurance Policy

Sometimes, an unlicensed driver is driving someone else’s car. If that’s the case, you may be able to seek compensation from the car owner’s insurance policy. Auto insurance typically follows the vehicle, not just the driver. That means if the owner gave the unlicensed driver permission to use the car, their insurance may still cover the accident.

However, if the unlicensed driver was using the car without the owner’s permission—such as in cases of car theft—the car owner’s insurance may not cover the accident.

Using Your Uninsured/Underinsured Motorist Coverage

Unfortunately, some unlicensed drivers are also uninsured. If the unlicensed driver in your accident doesn’t have insurance, you may need to rely on your own uninsured or underinsured motorist (UM/UIM) coverage. UM/UIM coverage can help pay for your medical expenses, lost wages, and vehicle damage if the other driver lacks insurance.

It’s important to check if your auto insurance policy includes this coverage. If it does, contact your insurance company to see what compensation they can offer.

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Important Steps to Take After an Accident with an Unlicensed Driver

After an accident with an unlicensed driver, the actions you take can protect your legal rights and help ensure you get the compensation you deserve. Here’s what you should do:

1. Report the Accident to the Police

An unlicensed driver might try to convince you not to report the accident, but always call the police. If you don’t report the accident, it could make it harder to file a claim for compensation. A police report can serve as crucial evidence in your case, and you may need it when dealing with insurance companies.

2. Notify Your Auto Insurance Company

As soon as possible, contact your insurance company to inform them about the accident. Be sure to mention that the other driver didn’t have a license. If the other driver also didn’t have insurance, you may need to file a claim using your uninsured motorist coverage. Your insurance company can walk you through the process and let you know what to expect.

3. Seek Medical Attention

Even if you feel okay after the accident, it’s important to get checked by a doctor. Some injuries, like whiplash or concussions, might not show symptoms right away. A medical exam will document your injuries and help prove that they were caused by the accident, which is vital for any personal injury claim.

4. Contact an Experienced Personal Injury Attorney

Accidents with unlicensed drivers often involve extra complications, and it’s easy to feel lost in the process. This is where a personal injury attorney can help. An experienced attorney will know how to navigate these complex cases, work with insurance companies, and fight for the compensation you deserve. The sooner you get in touch with an attorney, the sooner they can start building your case.

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Frequently Asked Questions About Accidents with Unlicensed Drivers

What Happens If the Unlicensed Driver Flees the Scene?

If the unlicensed driver leaves the scene, it becomes a hit-and-run case. You should report the accident to the police right away and provide as much information about the other vehicle and driver as you can. In some cases, your own insurance policy may provide coverage for hit-and-run accidents.

What If the Unlicensed Driver Was Driving a Stolen Car?

If the unlicensed driver was driving a stolen car, things can get more complicated. In this case, the car owner’s insurance policy likely won’t apply. However, you can still pursue compensation through your uninsured motorist coverage or explore other legal options with the help of an attorney.

Contact Gina Corena & Associates for a Free Consultation

If you’ve been injured in an accident with an unlicensed driver, you don’t have to face the challenges of the claims process alone. At Gina Corena & Associates, we have the experience and dedication needed to fight for your rights and ensure you receive the compensation you deserve.

Whether you’re dealing with an unlicensed, uninsured, or hit-and-run driver, we are here to help. Contact us today at 702-680-1111 for a free consultation. We’ll review your case and guide you through your legal options—so you can focus on recovering while we handle the rest.

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

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