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What If I Was Hit By an Uninsured Driver?

Posted on January 15, 2020 in Car Accident,Personal Injury

Unfortunately, not all drivers obey Nevada’s car insurance requirement. Dozens of people get behind the wheel during gaps in their coverage or without purchasing insurance at all. An accident with an uninsured driver can make it difficult for you to recover damages. Your options for financial compensation will depend on your insurance policy and the factors involved in the crash, at Claggett & Sykes Law Firm, we have experienced Las Vegas underinsured driver accident lawyers who can help you figure out your options.

How Can This Affect Your Accident Case?

Nevada, like most states, uses a tort-based car accident insurance system. The law states that the party that caused the wreck will be financially responsible. The person filing the claim, however, will have to prove the other party’s fault to receive compensation. In no-fault states, it is not necessary to prove fault. Each driver will seek recovery through his or her own insurance company regardless of fault.

The other driver not having insurance affects your case by taking away your ability to file a claim with his or her insurance company. This could be detrimental to your financial recovery if you do not have uninsured/underinsured motorist insurance. Without insurance, the other driver may not have enough money out of pocket to cover your property repairs or health care costs. This could leave you with limited options for compensation.

What Is Uninsured Coverage?

Uninsured motorist (UM) insurance is a type of optional coverage you can put on your policy in Nevada. UM insurance will protect you in case you get into an accident with an uninsured driver. If the at-fault driver does not have insurance, your UM coverage will pay for your damages instead, preventing you from having to afford your losses out of pocket. UM insurance is not a requirement in Nevada. The only required insurance types are bodily injury and property damage liability for the other party’s losses.

Underinsured motorist (UIM) coverage is another kind of insurance to help you cover your damages after a collision. UIM insurance is appropriate if the other driver has some insurance, but not enough to fully reimburse you. UIM insurance may be necessary after a crash that totals your vehicle or causes catastrophic injuries if the other driver has only purchased the minimum amounts of insurance. Adding UM/UIM insurance to your policy can give you peace of mind while driving in Nevada. Even if an uninsured driver crashes into you, you will be able to seek coverage from your insurer.

What If You Do Not Have UM/UIM Insurance?

Many drivers decide not to purchase optional uninsured/underinsured motorist insurance in Nevada – especially those who want to keep their payments as low as possible. If you do not have this type of insurance and you get into a crash with an uninsured driver, an insurance claim against the other driver might not be possible. Neither the other driver’s nor your insurance company will cover damages. You may, however, be able to hold a third party responsible.

While you could file a civil lawsuit against the driver for causing your crash, he or she may not have enough money to fulfill a verdict. Consider striving for third-party liability instead. A third party can refer to anyone not directly involved in the collision that contributed to the accident or your injuries. If an investigation finds that you would not have suffered such severe injuries had your airbag deployed, for example, you may be able to hold the airbag manufacturer liable for a defective product. Holding a third party responsible could increase your chances of recovering financially if the other driver has no insurance.

Have Questions? Call Claggett & Sykes Law Firm

A collision involving an uninsured or underinsured driver can be more complicated than a typical car accident case in Nevada. If you need help fighting for fair compensation for your injuries, lost wages, property repairs or other damages after an uninsured driver accident, please contact Claggett & Sykes Law Firm for a consultation. Our Las Vegas car accident lawyers can review your case with you to help come up with viable options for compensation.

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