Hit By an Unlicensed Driver in a Car Accident
Everyone has heard the story from a friend right?
Someone they know or you know was involved in a car accident where other driver was driving without a license or insurance and their friend or they were hurt really badly.
This may seem like a story that we’ve all heard over and over again but it does happen all the time.
So what happens if you were driving without a license or what if the other party involved was driving without a license, on the revoked list or suspended license?
What happens then ?
Can you as the accident victim recover damages if you were the one driving without a license?
What if you were hit by someone who was driving on the revoked or suspended list?
The simple answer is yes to all.
Even if you were driving without a license you may be able to recover damages if you were injured in an accident.
Driving without a license can cause serious fines and even jail time if you are caught but if you were injured in an accident you can still recover damages if the other driver was at fault.
Why do People Drive Without a License?
Everyone always asks why do people drive if they don’t have a license?
There are many reasons that put unlicensed drivers on the road.
People need to go to the store to buy groceries or most importantly to get to work.
But in reality most people just don’t care or think that they will get caught or ever be involved in an accident.
I guess most people that don’t have a license will say I’m only going down the road of what could happen.
But you never know.
There are many reasons people don’t have a license to begin with:
- Conviction of a DUI
- Failure to obtain proper insurance for your vehicle
- License revoked due to felony convictions
- To many points on your license from tickets
- Medical condition that makes driving dangerous for the driver and the public
- Failure to renew license
- Restricted due to age
- New to the US and haven’t taken or passed the required driving test in your state
People who knowingly drive without a license run the risk of severe fines or even jail time if they are caught driving without a license.
Injured in an Accident Involving Unlicensed driver
There are many steps you need to take immediately after an accident no matter if a driver has a license or not.
It is up to you to protect yourself after any accident.
You should take the following steps to make sure all the details are not lost
- Contact law enforcement immediately
- Exchange information with other drivers
- Take photos or videos of the damage and the scene of the accident
- Gather any witness statements and get their information
- File a police report and get a copy
- Seek medical attention immediately- do not wait even if you think you are not hurt
- Notify your insurance company of the accident
- Hire a lawyer that specializes in accident and injuries
You have the right to recover compensation for your injuries after you were involved in an accident but you need to hire an experienced attorney to represent you right away.
Can you Recover Damages if you Drove Without a License
In Nevada you can recover damages in an accident if you were involved in an accident while driving without a license.
In Nevada fault is determined by who has the most responsibility for the accident regardless of whether or not you have a license.
However, if you don’t have insurance you are then going to be held personally financially responsible for any damages that are paid to another if you are at fault in the accident and without insurance.
Not having a license may not have any bearing on the legal responsibility in an accident but it will be much more difficult to get compensation and it will be used against you in any court proceeding.
Always call a personal injury attorney after an accident no matter the circumstances.
Nevada is not a no-fault accident state but one of 38 states that have adopted a policy of where the person who causes the accident is responsible for the damages via insurance.
The police will typically decide who is at fault.
In some cases both parties are held responsible for the accident based on a percentage.
For example driver one was 60% at fault and driver two was held 40% responsible, driver two can recover damages from driver one but they will be reduced by 40 % due to driver two having 40% of the fault.
What Happens When Someone Doesn’t Have Insurance
It is the law to carry liability insurance for vehicles in all 50 states and it is considered a crime to drive without insurance and can result in the loss of licenses and fines and in some cases even jail time.
But what happens if a driver doesn’t have insurance and is involved in a car accident.
The driver who doesn’t have insurance can be held personally responsible.
If you cause an accident in Nevada without insurance you will have to pay the accident victim out of your own pocket, even if the other party’s insurance may pay some of the damages.
If you are caught without insurance in Nevada the offenses are :
- The first offense $250-$1000 fine, $250 fine to get your plates back, impounded vehicle, suspension of registration and a requirement to file an Sr-22 (special insurance required by the DMV after violations) this insurance is separate from your regular policy and is at a separate cost
- Second offenses- $500-$1000 fine, a $500 reinstatement fee, and suspended license until you file for an SR-22
- Third offenses-$500-$1000 fine, license suspended for 90 days, file Sr-22 insurance for 3 years, and $500 to get your plates back
Most of the time the only time Nevada knows you don’t have insurance or a license is if you get pulled over or are involved in an accident.
If you are caught driving without a license in Nevada you will be charged with a misdemeanor that includes up to a $1000 fine and up to 6 months in jail.
This includes people who have never had a license or people driving with a suspended license.
This however changes if your license is suspended for driving under the influence.
If your license is suspended for DUI and you are caught driving you can receive 30 days in jail or 6 months of home confinement, a $500-$1000 fine and an additional one year of license suspension.
These are just the fines for driving without insurance or a license in Nevada but if you are injured in an accident always call a local attorney for a case review.
Because in Nevada accident fault is determined by the actual fault of the driver and not whether or not you have a license.
Call The Richard Harris Law Firm today if you have been injured in a car accident in Nevada.
Why call The Richard Harris Law Firm
The Richard Harris Law Firm has been in Las Vegas and Nevada for over 40 years.
We know Nevada unlike any other law firm in Nevada and our reputation proves it.
If you need a 2nd opinion feel free to call us.
We fight for our clients and have collected over a $ billion dollars in damages for our clients.
We offer free consultations and case reviews.
We work only on a contingency basis so we only get paid if we win your case.
We will deal with all insurance companies, police, and medical care.
We work for our clients by getting you the maximum settlement allowable by law.