Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Unlicensed Drivers. 

Unlicensed Drivers-Statutes

See Va. Code § 8.01-64 indicating that owner may be jointly and severally liable for allowing unlicensed person under 16 to drive auto.

See Va. Code § 8.01-65 as to lack of consent being defense.

See Va. Code § 46.2-300 et seq.

Unlicensed Drivers-Cases

1986 Wallen v. Allen, 231 Va. 289, 343 S.E.2d 73.Improper licensing in this case had no bearing on accident.

1982 Duncan v. Hixon, 223 Va. 373, 288 S.E.2d 494.Whether negligence of fifteen-year-old, driving with temporary instruction permit and unaccompanied by licensed adult, was proximate cause of accident held question for jury. In majority of accident cases, violation of licensing statute is irrelevant to fault.

1972 Denby v. Davis, 212 Va. 836, 188 S.E.2d 226.Vehicle made available to unlicensed driver. Issue of negligent entrustment was discussed.

1970 Haymore v. Brizendine, 210 Va. 578, 172 S.E.2d 774.Defendant was 14 years old and forbidden by law, due to her age, to have driver’s license. Supreme Court suggests that where driver belongs to class forbidden by law to be licensed, then this may be relevant.

1958 Laughlin v. Rose, 200 Va. 127, 104 S.E.2d 782.Mere fact that driver was unlicensed does not of itself make owner liable for injury caused by operation of vehicle where failure to obtain or possess such license had no causal relation to injury.

1948 Flanagan v. Kellam, 187 Va. 754, 48 S.E.2d 69.Owner of motor vehicle who permits person to drive it whom he knows has had his license revoked may be guilty of negligence.

1948 Hamilton v. Glemming, 187 Va. 309, 46 S.E.2d 438.Want of license for automobile or its operator is not sufficient to support recovery unless such violation was cause of injury.

1947 White v. Edwards Chevrolet, 186 Va. 669, 43 S.E.2d 870.Failure to renew license in itself cannot be proximate cause of accident.1943 Bell v. Kenney, 181 Va. 24, 23 S.E.2d 781.Improper to ask operator if he had permit.

For more information about unlicensed drivers see the pages on Wikipedia.