Though it is illegal in Nevada to drive without insurance, many people do, to the great distress of insured drivers everywhere. Nothing is more frustrating than being hit by another vehicle and having the driver tell you, “I am sorry, but I do not carry insurance.” To the victim driver, this equates to them being unable to cover the cost of the damages that they caused. It also means that they themselves will have to fork over the hundreds to thousands of dollars to pay for property damages, medical expenses, and any other damages that resulted from the accident.
Fortunately, Nevada has laws in place that protect the victims of car accidents from uninsured and underinsured drivers. If you were recently involved in a car accident in which the other driver did not have insurance, or in which their policy was unable to cover the entirety of your losses, the uninsured/underinsured motorist accident lawyers at Naqvi Injury Law in Henderson, NV, can help you obtain the coverage you need from your own insurance company.
Under Nevada law, the driver who caused the accident is required to pay for the injuries and property damage expenses incurred by the victim. However, when the defendant does not have insurance, the victim may feel that they do not have any other option other than to pay for the expenses themselves. Fortunately, Nevada law allows victims to pursue compensation via other means, including filing a claim under their own insurance policy, or filing a personal injury lawsuit against the at-fault driver.
Filing a Claim Against the At-Fault, Uninsured Driver
Unfortunately, filing a claim against an uninsured driver is not always the best route to take. When a person does not have car insurance, it is typically because they cannot afford it. This means that, despite the extent of your injuries and associated expenses, the judge cannot in good conscious order the defendant to pay. After all, if they do not have any funds or assets to speak of, they have nothing to pay with. If the judge does discover that the at-fault driver does have some funds or assets, they may order a payment plan, requiring the at-fault driver to pay a certain amount to you each week. However, even this is not a viable solution, as your medical bills may be thousands of dollars each, but the defendant may only be able to pay as little as $10 each week.
The best-case scenario when suing an uninsured driver is that the judge discovers they have some hidden assets. In this instance, you may be able to file a lien against the other driver’s assets, and be awarded the amount that they are worth.
The Best Solution to an Uninsured/Underinsured Motorist Accident
The best way to ensure that you receive compensation from an accident caused by an uninsured/underinsured motorist is to purchase additional coverage. Uninsured motorist coverage will cover you up to your car insurance policy’s limits for the following:
- Injuries accrued while driving or riding in a car named in your policy, while a pedestrian, or while driving or riding in a car owned by someone else;
- Injuries sustained by a relative who was with you while driving in your car;
- Injuries sustained by any individual while driving or riding in your car, so long as they had permission to do so; and
- Any person riding in the car that you are driving, but do not own.
Additionally, some types of uninsured motorist policies cover damages sustained in a hit-and-run. However, the other driver must have been the one at fault in order to collect compensation.
Underinsured motorist coverage is another beneficial add-on, as it covers expenses that exceed yours or the liable driver’s policy limits. For instance, if the other driver’s policy only covered up to $20,000 worth of damages, and your damages equated to $40,000, your policy will cover the additional $20,000 worth of damages. As with uninsured motorist coverage, however, underinsured motorist coverage will only cover up to the limits of yours or the other driver’s policy.
Reach Out to a Henderson Uninsured/Underinsured Motorist Accident Lawyer
The accident attorneys at Naqvi Injury Law devote ample time and resources to proving fault in car accident cases in which the at-fault driver was under- or uninsured. We also work closely with victims of hit-and-run car accidents to recreate the accident scene and prove fault via property damage investigation, skid marks, and pictures. Finally, we will work with you to obtain the compensation you need to recover from your own insurance company.
Whether or not you have underinsured or uninsured motorist coverage, if you were involved in an accident in which the other driver was unable to pay for your damages, our Henderson car accident lawyers will help you obtain the compensation you need and deserve. Give our team a call, contact us through our website, or send us an email.