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Attorney at Gina Corena & Associates
Practice Areas: Personal Injury
Car accidents are stressful, but when an unlicensed driver is involved, the situation becomes even more complicated. Whether you’re the driver, a passenger, or the vehicle owner, understanding liability, insurance coverage, and legal consequences is essential. In some cases, an unlicensed driver may still have the right to file a claim, while in others, insurance companies may refuse coverage.
This guide breaks down what happens after an accident involving an unlicensed driver, who is responsible for damages, and what steps you should take to protect your rights.
Yes, you can file a claim if an unlicensed driver causes an accident. The fact that they do not have a valid driver’s license does not automatically make them at fault. Insurance companies and courts determine liability based on who was negligent, not on whether the driver had a permit.
“The absence of a driver’s license does not impact fault determination in a car accident. However, it can lead to legal penalties for the unlicensed driver.”
If an unlicensed driver were driving recklessly—speeding, ignoring traffic signals, or driving under the influence—their liability would be the same as any other driver’s.
If an unlicensed driver crashes your car, several factors will determine liability and whether insurance will cover the damages:
If you knowingly allowed someone without a valid license to drive your car, your insurance may deny the claim because most policies require a valid licensed driver.
In some states, you could be held partially liable for negligence in allowing an unqualified driver to operate your vehicle.
If the unlicensed driver took your car without permission (theft), you will not be liable for damages, and your comprehensive insurance coverage may help cover the damage.
The unlicensed driver, if caught, could face criminal charges and financial liability.
Most insurance policies cover the car, not the driver. This means that even if your car is properly insured, it may still be covered for damages.
However, insurance companies may refuse coverage if they find out you allowed an unlicensed driver to operate your vehicle.
The liable party’s insurance is responsible for paying damages. Here are possible sources of compensation:
Not all unlicensed drivers are uninsured. Some may have insurance despite losing their license (e.g., their policy is still active).
If they do have insurance, you can file a claim just like any other accident case.
If the unlicensed driver was driving someone else’s car with permission, the car owner’s insurance policy might cover damages.
If the vehicle was stolen, the owner’s insurance will likely not cover the accident.
If the unlicensed driver has no insurance, your Uninsured Motorist (UM) coverage can help you pay for damages.
This coverage is beneficial in hit-and-run accidents where the unlicensed driver flees the scene.
“Uninsured/Underinsured Motorist Coverage exists to protect you when the at-fault driver cannot pay. It can be a financial lifesaver in accidents with uninsured or unlicensed drivers.”
If you’ve been in an accident with an unlicensed driver, here’s what to do to protect your rights and ensure you get your deserved compensation:
An unlicensed driver may try to persuade you not to call the police, but it’s crucial to report the accident.
A police report serves as official documentation, helping prove fault and protecting your claim.
Take photos of the scene, vehicle damage, and any injuries. Get the driver’s name, contact details, and any available insurance information. Speak to witnesses and get their statements.
Even if you feel fine, some injuries (like whiplash or internal trauma) may not show symptoms immediately. A doctor’s report is crucial for your personal injury claim.
Inform your insurer as soon as possible, even if you are unsure whether you’ll file a claim. If the unlicensed driver is uninsured, ask about your uninsured motorist coverage.
Cases involving unlicensed drivers can be complex, especially when dealing with insurance disputes. A personal injury attorney can guide you through legal challenges and help maximize your compensation.
Yes. If the unlicensed driver was not at fault, they can file a personal injury claim against the at-fault driver’s insurance. However, they may still face legal penalties for driving without a license.
This becomes a hit-and-run case, which is a criminal offense. Report the accident immediately and provide as much information as possible to the police. Your uninsured motorist coverage may apply.
If your car was taken without your permission, you are not liable for damages. Your insurance may cover it under theft-related provisions.
Most insurance companies will deny coverage if you knowingly allow an unlicensed driver to use your vehicle. You may be held personally liable for damages.
Driving without a license in Nevada can result in fines and penalties, but jail time is usually reserved for repeat offenders or drivers with a suspended/revoked license.
Accidents involving unlicensed drivers present unique challenges, from insurance disputes to legal penalties. Whether you were the driver or the victim, understanding your rights is crucial in seeking compensation and avoiding financial losses.
At Gina Corena & Associates, we specialize in handling complex car accident cases, including those involving unlicensed drivers. Our experienced attorneys will fight for the compensation you deserve and ensure your rights are protected every step of the way.
“If you’ve been injured in an accident with an unlicensed driver, don’t face the legal battle alone. Contact Gina Corena & Associates today for a free consultation.”
📞 Call us now at (702) 680-1111 or schedule a consultation online to discuss your case with our legal team.
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.
