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Seeing that the other driver does not have a valid license can make fault seem obvious. In Nevada, it is not that simple. An unlicensed driver may face penalties for driving illegally, but accident fault is decided by what caused the crash. A licensed driver can still be at fault, and an unlicensed driver can still be the one who was hit.
This guide explains how Nevada handles these situations, including how fault is determined, what happens if an unlicensed driver crashes someone else’s car, when the vehicle owner may be involved, and how insurance can affect the claim.
No. An unlicensed driver is not automatically at fault for a crash in Nevada. Fault depends on who caused the collision. If the other driver was speeding, ran a red light, failed to yield, or made an unsafe turn, that driver may still be responsible even if the person they hit had no valid license.
Driving without a license is a separate violation. Nevada law states:
“A person shall not drive any motor vehicle upon a highway in this State unless such person has a valid license.” Nevada Revised Statutes Chapter 483
So two issues are considered separately: whether the person was legally allowed to drive, and whose actions caused the accident.
Fault is based on what each driver did before the crash, not on whether one of them had a valid license.
Investigators and insurers may look at:
For example, if an unlicensed driver runs a red light and causes a crash, that action may point to fault. If the same driver is stopped at a red light and another car hits them, the other driver may be responsible.
Driving without a license is a separate issue from deciding who caused the accident.
An unlicensed driver can still recover damages if another driver caused the crash. For example, if a licensed driver runs a red light and hits an unlicensed driver, the traffic violation that caused the crash may matter more to fault than the missing license.
Nevada also allows fault to be shared. Under NRS 41.141, compensation can be reduced based on a person’s share of responsibility.
The licensing violation may still lead to separate consequences, but it does not erase another driver’s fault.
Possibly. Insurance coverage depends on the policy, who was driving, whether they had permission, and the circumstances of the crash.
Nevada requires registered vehicle owners to carry at least:
These are minimum liability limits, but they do not mean every driver or every accident is automatically covered. Nevada motor vehicle insurance requirements
An insurer may review the policy limits, exclusions, and whether the driver was allowed to use the vehicle. The Nevada Division of Insurance also notes that coverage depends on the terms of the individual policy.
An unlicensed driver is not necessarily uninsured. If the at-fault driver has no applicable liability coverage, uninsured or underinsured motorist coverage may help with bodily injury if that coverage was purchased.
Focus on safety and documenting the accident. Do not decide fault at the roadside simply because one person does not have a valid driver’s license.
If it is safe to do so:
The license issue may have its own consequences. Evidence from the accident is what helps show how the collision happened.
No. Driving without a valid license is a separate violation. Fault depends on the actions that caused or contributed to the accident, not license status alone.
The result depends on fault, permission, insurance terms, and what the owner knew. Knowingly allowing unauthorized driving can also create separate issues for the vehicle owner.
Yes. A driver without a valid license may still be struck by someone else who caused the crash. The licensing violation is handled separately from accident fault.
The driver may face penalties for driving without a valid license. Responsibility for the accident, damages, and insurance are considered separately based on the facts.
Possibly. Coverage depends on the policy, permission to use the vehicle, exclusions, limits, and other facts. The insurer will review the applicable terms for the accident.
An accident involving an unlicensed driver can raise more than one issue at the same time. Fault, insurance coverage, permission to use the vehicle, and possible owner responsibility may all need to be reviewed separately.
If the facts are disputed or the insurance situation is unclear, a Las Vegas car accident attorney can help examine the evidence and explain how Nevada law may apply.
Gina Corena & Associates offers free consultations for people injured in Las Vegas car accidents, including crashes involving unlicensed drivers.
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.
