Been in an accident with an unlicensed driver in Nevada? This situation brings unique challenges, especially when it comes to getting compensation for your damages. While the other driver’s lack of license may complicate things, you still have rights and options under Nevada law.
As Las Vegas accident attorneys, we’ve helped numerous clients navigate these complex situations. This guide outlines the immediate steps you should take, explains your rights, and shows you how to protect your interests after an accident with an unlicensed driver.
Immediate Steps After the Accident
Time is critical after any accident, but especially with unlicensed drivers who might flee the scene or provide false information. Your immediate actions can significantly impact your ability to recover damages later.
Call the Police Immediately
Never let an unlicensed driver convince you to handle things privately. Call 911 and wait for law enforcement to arrive. A police report provides:
- Official documentation of the driver’s unlicensed status
- Preliminary fault assessment
- Witness statements and contact information
- Critical details you might forget later
Document Everything
Your phone is your most valuable tool right now:
- Take photos of:
- Vehicle damage from multiple angles
- License plates
- Road conditions and traffic signs
- Skid marks or debris
- The entire accident scene
Take more photos than you think you need. Insurance companies and attorneys can piece together what happened from details that might seem unimportant now.
Gathering Information
From the Driver:
- Full name
- Current address
- Phone number
- Insurance information (if any)
- Vehicle registration
- Vehicle owner’s information (if different from driver)
From Witnesses:
- Names and contact information
- Brief statement of what they saw
- Video statement if possible (with permission)
If the driver becomes confrontational, maintain distance and let police handle the situation. Your safety comes first.
Understanding Your Rights & Getting Compensation
Your rights and compensation options in Nevada depend on several factors, but being hit by an unlicensed driver doesn’t automatically limit your recovery options.
Fault and Liability in Nevada
Nevada uses modified comparative negligence (NRS 41.141):
- You may still recover damages as long as your fault was not greater than the fault of the defendant, or the combined fault of the defendants you are suing, with your recovery reduced by your share of the fault
- If your share of the fault is greater than the defendant’s, or greater than the defendants’ combined fault, you recover nothing
- Your compensation reduces by your percentage of fault
- The other driver’s unlicensed status doesn’t automatically assign blame, but it can strengthen your position. This becomes more important when you’re considering how Nevada applies comparative fault rules.
Your Compensation Options
- Your Own Insurance
- Uninsured/Underinsured Motorist Coverage (UM/UIM)
- Collision coverage for vehicle damage
- Medical payments coverage
- Rental car coverage during repairs
- Also consider how bodily injury liability coverage works under Nevada law when reviewing your policy.
- Vehicle Owner’s Insurance
- May apply if the driver was using someone else’s car; whether the owner or the owner’s policy is on the hook depends on the facts and on the policy language, so it is worth asking about
- Your own uninsured vehicle coverage also has a role here, and NRS 690B.020(3) is specific about it: a vehicle counts as an uninsured motor vehicle where it was used without the owner’s permission and there is no bodily injury liability insurance or bond applicable to the operator (paragraph (d)), and where it was used with the owner’s permission but the owner’s insurance does not cover operation by anyone other than the owner and there is no bodily injury liability insurance or bond applicable to the operator (paragraph (e))
- Legal Action Against the Driver
- Can pursue personal assets
- This route becomes more relevant when you’re navigating how litigation unfolds after a motor vehicle accident in Nevada
Unlicensed drivers rarely have significant assets. Your own insurance often provides the most reliable path to compensation.
Types of Recoverable Damages
You can pursue compensation for:
- Medical expenses (current and future)
- Lost wages and earning capacity
- Vehicle damage and repairs
- Pain and suffering
- Other accident-related costs
When Should You Get a Lawyer for an Unlicensed Driver Accident?
Most unlicensed driver accidents benefit from legal expertise due to their complexity and the challenges in securing compensation. Insurance companies often complicate these cases, knowing you face extra hurdles.
Warning Signs You Need Legal Help
Contact an attorney immediately if:
- You have serious injuries
- The driver fled the scene
- Insurance denied your claim
- Settlement offers seem low
- Multiple vehicles were involved
- You’re being blamed for the accident
- The driver was in a borrowed car
How a Nevada Accident Attorney Strengthens Your Case
Protection of Your Rights
- Handles all insurance communications
- Preserves critical evidence
- Makes sure legal deadlines are followed, including the two years that generally apply under Nevada’s statute of limitations for injury claims, and the different deadlines that can apply to other claims
- Counters blame-shifting tactics
Documenting and Pursuing Your Claim
- Identifies all possible compensation sources
- Calculates long-term medical costs
- Documents non-economic damages
- Negotiates with insurers effectively
Important: Most reputable accident attorneys offer free consultations and work on contingency: you pay nothing unless they win your case.
Understanding the Legal Process
A typical unlicensed driver accident case involves:
- Initial case evaluation
- Evidence collection and preservation
- Insurance claim negotiations
- Settlement discussions or litigation, especially relevant when you’re navigating how personal injury lawsuits proceed in Nevada
- Resolution and compensation distribution
Next Steps After an Unlicensed Driver Accident
Time matters in these cases. Take these critical actions:
- Document everything at the scene
- Get medical attention for any injuries
- Review your insurance coverage
- Contact an attorney if you face:
- Serious injuries
- Insurance resistance
- Complex liability issues
- Significant financial losses
Don’t let an unlicensed driver’s poor choices leave you with mounting bills and stress. Understanding your rights and taking prompt action helps protect your ability to pursue a claim.
Need guidance on your specific situation? Our experienced Las Vegas accident attorneys can evaluate your case and explain your options. We’ve helped numerous Nevada residents navigate these complex cases.
Contact Us for a Free Consultation
If you have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas auto accident attorneys. You will gain an advocate for every stage in the claims process, and we will pursue your claim to a resolution.
Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you personalized service and legal representation after an accident.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.