Hit By An Unlicensed Driver In Las Vegas: Who Pays And What To Do

Finding out the driver who hit you did not have a valid license can make an already stressful situation even more confusing. You may wonder whether their insurance still applies, whether you can recover compensation, or what happens if they have no coverage.

The good news is that an unlicensed driver is not automatically protected from liability, and you do not lose your right to file a claim simply because they were driving illegally. In Nevada, fault is determined by who caused the crash, not by whether the driver had a valid license. A Las Vegas automobile accident attorney can help identify every available source of compensation and protect your rights.

This guide explains how unlicensed-driver accidents work, who may be responsible for your damages, and what to do after the crash.

Does Being Unlicensed Make the Other Driver Automatically at Fault?

No. Driving without a valid license is against the law, but it does not automatically make the other driver responsible for the accident. In Nevada, fault is determined by who caused the crash, not by whether the driver had a license.

To recover compensation, you must generally show that the other driver acted negligently, such as by speeding, running a red light, following too closely, or failing to yield. The lack of a license may be relevant, but it does not replace the need to prove fault.

Nevada also follows a modified comparative negligence rule. You can still recover compensation if you are 50% or less at fault, although your recovery is reduced by your percentage of fault.

Who Can You Recover From After an Unlicensed Driver Crash?

An unlicensed driver is not always the only source of compensation. Depending on the circumstances, you may have a claim against one or more insurance policies.

Common sources of recovery include:

• The driver’s insurance. An unlicensed driver may still have an active auto insurance policy that covers the crash.
• The vehicle owner’s insurance. If the driver had permission to use the vehicle, the owner’s policy may also provide coverage.
• The at-fault driver. In some cases, you can pursue the driver personally, although collecting may be difficult if they have few assets.
• The vehicle owner. If someone knowingly allows an unlicensed or unsafe driver to use their vehicle, they may also be held responsible.

Identifying every available source of coverage is often an important part of maximizing a claim. You can read more about how this works on our page about Nevada uninsured motorist coverage.

When The Unlicensed Driver Is Also Uninsured: Your Um/Uim Coverage

If the at-fault driver is uninsured or does not have enough coverage, your own uninsured/underinsured motorist (UM/UIM) coverage may help pay for your injuries. This coverage is designed to protect you when the other driver’s insurance is unavailable or insufficient.

UM coverage applies when the at-fault driver has no insurance. UIM coverage helps when the driver’s policy limits are too low to fully cover your losses. Because serious injuries can easily exceed Nevada’s minimum liability limits, this coverage can be an important source of compensation.

Even though a UM/UIM claim is made through your own insurance company, your insurer will still evaluate and investigate the claim. Reporting the accident promptly and following your policy’s requirements can help protect your right to recover.

What to Do Right After Being Hit by an Unlicensed Driver

The steps you take after the crash can affect both your recovery and your claim.

1. Call the police. Report the accident and wait for officers to arrive. A police report can document that the other driver was unlicensed.
2. Gather evidence. Get the driver’s information and, if applicable, the vehicle owner’s details, take photos, and collect witness contact information.
3. Get medical treatment. Some injuries are not immediately obvious, so seek medical care even if you feel okay.
4. Report the accident if required. Nevada law generally requires an SR-1 report when a crash causes injury, death, or significant property damage.
5. Notify your insurance company. If the other driver has little or no insurance, your UM/UIM coverage may apply. Consider speaking with a lawyer before giving a recorded statement or accepting a settlement offer.

Frequently Asked Questions

Can I sue someone who was driving without a license?

Yes. The driver’s lack of a license does not protect them from liability. If they drove negligently and caused your injuries, you can pursue a claim, although collecting from an uninsured, unlicensed driver personally can be difficult if they have few assets. That is why other coverage sources often matter more.

Will my insurance cover a crash with an unlicensed driver?

It can. If the other driver has no insurance or too little, your uninsured/underinsured motorist coverage may pay for your injuries. Coverage depends on the policy you bought, so check your declarations page or ask your insurer what UM/UIM limits you carry.

Does it help my case that the other driver had no license?

Sometimes, but not on its own. Fault depends on negligent driving, not license status. The missing license can be useful context, especially if it reflects a suspension for dangerous driving, but it still has to connect to how the crash happened.

What if the unlicensed driver fled the scene?

A police report and any witness or camera evidence become very important. If the driver cannot be found, your uninsured motorist coverage may step in to cover a hit-and-run, much like it would for an uninsured driver who stayed.

How long do I have to file a claim in Nevada?

Most personal-injury claims from a car crash have a two-year deadline under Nevada law, though specifics vary. Because some steps and notices have shorter timelines, it is best to confirm your exact deadline with a lawyer as soon as possible after the crash.

Take the Next Step After an Unlicensed Driver Crash

If you were hit by an unlicensed driver, you do not have to figure out the coverage maze alone. The team at Gina Corena & Associates can identify every policy that may apply, deal with the insurance companies, and push for the full compensation you are owed. Founding attorney Gina Corena spent years on the insurance-defense side, so she knows how these companies think.

Call (702) 680-1111 anytime, day or night, for a free consultation in English or Spanish. You pay no fee unless we win your case. You can also reach us through our contact page to get started.

Reviewed by Gina M. Corena, founding attorney at Gina Corena & Associates.