One of the questions we get asked by our clients is: Can I sue an uninsured driver who caused my accident in Nevada? The short answer is yes.
Everyone is entitled to compensation for the damages sustained due to another motorist’s negligence, regardless of their insurance status or financial resources.
The first step you need to take is to contact a personal injury attorney as soon as possible after your accident. This will ensure you weigh your legal options and file a claim within the statute of limitations period. If you do not act quickly enough, it may be challenging to pursue maximum compensation by suing an uninsured driver for damages.
At Nevada Accident Injury Lawyers (NAIL), we are dedicated to helping all accident victims obtain fair compensation for their injuries. We have successfully recovered millions of dollars on behalf of injured people throughout the state of Nevada. We leverage our wealth of legal experience, knowledge, and resources to help you maximize your recovery.
Our attorneys are highly skilled at negotiating with insurance companies and other parties involved in your case. They also know how to effectively litigate cases in court so that you receive the maximum compensation available under the law.
If you or your loved one were hurt in an auto accident by an uninsured motorist, call NAIL today at (702) 766-5208 for a free consultation.
What are Nevada’s Car Insurance Requirements?
Like all other states, Nevada has specific requirements regarding car insurance coverage. Here are the most important ones:
- All motorists with registered vehicles must have Nevada liability insurance while on public streets and highways. The minimum liability coverage should comprise $50,000 for bodily injury per accident, $25,000 for bodily injury per person, and $20,000 for property damage per accident. The state offers no grace periods.
- Motorists must carry evidence of their Nevada liability insurance on their vehicles or mobile devices.
- Motorists who fail to renew their coverage after it lapses risk a registration suspension, penalties, and reinstatement fees.
- If your registration gets suspended, you may not drive the car on any Nevada public street.
- Nevada requires insurance carriers to offer uninsured/underinsured (UM/UIM) motorist coverage. However, you are not legally required to carry UM/UIM coverage as a motorist.
Should Nevada Motorists Have UM/UIM Coverage?
The state does not require motorists to carry uninsured/underinsured car insurance. But it is still highly recommended, as it protects you against losses arising from accidents involving uninsured drivers.
According to a 2021 study by the Insurance Research Council (IRC), 12.6 percent, or approximately one in eight motorists, are uninsured countrywide. In Nevada, the figure stands at 10.4 percent, which is still high, considering that uninsured drivers often represent higher risks of causing accidents than their insured counterparts.
So, should you consider getting Nevada uninsured motorist coverage? Consider the investment. It can protect you from financial loss arising from accidents caused by uninsured drivers. The best way to determine whether you qualify for this coverage is to check your current policy. If you don’t see anything about it, you’ll want to get a quote from a reputable insurer.
How Do You File a Claim for Compensation If You Are Involved in a Crash with an Uninsured Driver?
If you or your family get involved in an accident with an uninsured motorist, one of the best ways to seek compensation is to file a claim against your insurer. And that is where the UM/UIM coverage comes in handy. But how do you pursue the same? Here is a quick step-by-step breakdown:
1. Report the accident to your insurance company
The first step towards filing a claim is reporting the incident to your insurance company. This will help them determine whether they need to send an adjuster to investigate the accident scene.
2. Gather the necessary details
Here, you want to figure out, seek, document, and gather crucial details surrounding the incident. These include the at-fault party’s insurance status, license plate number, copies of police reports, witness statements/contacts, medical records, and other documents about the case.
3. Submit an uninsured motorist claim form
Once your insurance company receives all the necessary information and it becomes apparent that you wish to pursue a UI/UIM claim, they will explain your options and issue you a claim form.
Complete it, sign it, and submit it to them. They will then process your claim by investigating the incident, analyzing your medical records and other sources of evidence, and attempting to put a dollar value on your claim. The process may take a few weeks to six months (or more), but eventually, they will approve or deny your claim.
As you can tell, this may be a tedious process with lots of back and forth between you and your insurer, especially when appeals become necessary. But with an experienced accident injury lawyer like our firm on your side, you have nothing to worry about. We will handle everything for you, including gathering all the necessary information, submitting your claim, and negotiating with your insurer.
Can I File a Personal Injury Lawsuit Against an Underinsured Motorist?
Aside from filing a claim against your insurance company, another legal option to pursue is filing a personal injury lawsuit. However, before suing an uninsured driver for damages, consult your lawyer to determine if it is a route worth pursuing. An experienced lawyer will review your case thoroughly, weigh your options, and advise you objectively to ensure you are not wasting your time and money.
Here are a few factors to consider before filing a personal injury lawsuit versus pursuing compensation from your insurer:
- The extent of your injuries and the amount you hope to recover
- Whether the uninsured driver has enough assets to help recoup your damages in case of a successful claim
- Whether the uninsured motorist is 100% at fault or you share liability
- How likely will your insurance company settle your claim?
If you decide to sue the uninsured driver, ensure you hire a reliable attorney to help you navigate the legal system. A top-class Nevada accident injury lawyer will guide you through every aspect of the litigation process, ensuring you receive fair compensation for your injuries and property damages.
Contact Our Law Firm Today!
Nevada Accident Injury Lawyers is committed to helping injured people get the justice they deserve. We understand how frustrating it can be to deal with a negligent driver who caused your accident. That is why we work hard to ensure you don’t have to endure any unnecessary stress during the claims process.
To schedule a free consultation with one of our attorneys today, please contact us online or call (702) 766-5208 for rapid response.
Frequently Asked Questions
What is the difference between uninsured and underinsured motorist coverage?
UI is a coverage that pays out when you are involved in an auto accident with someone whose car does not have any insurance. On the flipside, UIM pays you when you’re involved in a collision with a driver whose vehicle has insufficient insurance to cover your losses.
Does Nevada allow for diminished value compensation after an accident?
Diminished value compensation is an arrangement where the driver recovers the car’s lost value after a crash. Unfortunately, Nevada law doesn’t allow for diminished value compensation.