Underinsured Motorists and Your Rights

January 19th, 2015 by Farhan Naqvi in Car Accidents, Motorcycle Accidents, Personal Injury

Being the victim of a car accident is a traumatic experience. Medical bills, car replacement costs, and missed work can all add to the stress. That stress level can increase dramatically if the driver who injures you is underinsured or underinsured. Fortunately, there are laws governing drivers who fall into both of these classes.

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Nevada Law Requires Insurance

Las Vegas’ Fox 5 KVVU recently reported that Nevada ranks in the 12th to 15th percentile of uninsured drivers. Nationwide one out of every seven drivers lacks insurance. Nevada is trying to combat this problem by not only requiring drivers to carry insurance, but also by creating a system of insurance validation through the Department of Motor Vehicles. The validation system is set up to make sure every registered vehicle in the state is insured. If there are lapses in coverage the driver is fined. However, there are some drivers who skirt these laws by simply failing to register their vehicles.

So What is the Deal With “Underinsured” Drivers?

While most people understand the danger of uninsured drivers, many do not understand exactly what an “underinsured” driver is. The laws that require all drivers to have liability insurance include specifications regarding the monetary amount of injuries those policies must cover. Most people who own older cars for which they no longer are making payments go with the cheapest policies available under the law. If you are involved in a very serious accident caused by one of these drivers, then their minimal insurance may not cover the full costs of the bodily injuries you sustain. This is where your underinsured motorist coverage on your own insurance kicks in. In Nevada, if you have uninsured motorist coverage, then you also have underinsured motorist coverage as a matter of law. Note, however, that this coverage only covers your bodily injuries. It will not help cover any property damage caused by the other driver that is not covered by his or her insurance.

When You are in an Underinsured Situation, You Will Need Your Own Attorney

Normally, your insurance company has a duty to be on your side. And in some cases, it is in your insurance company’s interest to fight for you because the company wants the other driver’s insurance to pay instead. But when your injuries are serious and you wind up in an underinsured driver situation, suddenly your insurance provider may refuse to pay. It would be in your best interest for your insurance company to pay the claim, but unfortunately, too often this does not occur. This is exactly why it is extremely important for you to obtain your own independent legal counsel when you are in a car accident. While your insurance company may wind up having a strong financial interest in not being on your side, your personal injury attorney will fight specifically for you.

Call Naqvi Injury Law

When you or someone you love is in a traffic accident, you will need the help of a Las Vegas personal injury attorney. You should contact the experienced traffic accident lawyers at Naqvi Injury Law. Call us today  and we will schedule a free consultation during which we can discuss your case.


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