Under Nevada state law, everyone driving a motor vehicle on public roads must carry minimum liability insurance coverage in case they get into an accident—specifically, $25,000 for a single person’s injuries, $50,000 for all injuries in a single accident, and $20,000 for property damage from a single accident. Unfortunately, this minimum coverage is often not enough to cover all of the immense losses that a serious traffic collision can cause—and even worse, some drivers choose to flaunt the law and drive without any insurance at all.
While it is certainly much more challenging to recover financially from a crash involving someone like this, it is not impossible if you understand all the options available to you and have help from experienced legal counsel. Once retained, a dedicated auto collision lawyer from Shook & Stone could be an irreplaceable ally fighting tirelessly to protect your best interests as you seek financial restitution for an uninsured/underinsured car accident in Las Vegas.
Can You Sue an Uninsured Driver After an Accident?
Typically, the process of recovering financially after an auto accident in Nevada revolves around determining who is primarily to blame for causing the wreck and then filing a claim against that person’s liability insurance policy, only proceeding to a third-party lawsuit if that insurance does not cover all applicable losses. Suppose the person to blame for your Las Vegas car crash does not have any car insurance, though. In that case, you can proceed directly to filing a lawsuit and demanding they pay for your damages.
It is worth noting that if you are the one primarily at fault for an accident involving someone who does not have car insurance, their lack of insurance would not prevent them from making a claim against your insurance coverage and potentially suing you for additional damages. That said, they would still likely face criminal liability for failing to meet minimum insurance requirements. However, that would be handled in a separate case that would not directly affect the outcome of your civil claim.
Taking Full Advantage of Insurance Coverage
Unfortunately, many people who fail to carry minimum car insurance coverage in accordance with state law also do not have much in the way of personal assets to cover damages they cause someone else through an auto accident. While there are alternative options like liens on real property or wage garnishment, in practice, this means there may simply not be any way to hold an uninsured person directly liable—in terms of civil compensation, at least—for every form of harm they caused through a Las Vegas wreck.
This is where your own insurance coverage may come into play, especially if you pay for optional uninsured/underinsured motorist coverage as part of your insurance policy. While this can raise your monthly insurance rates slightly, it can provide a crucial lifeline in situations like the ones described above, and support from an experienced legal professional can be key to getting the most money possible out of this coverage.
Contact a Las Vegas Attorney for Help After an Uninsured/Underinsured Car Accident
Learning that the person who hit and injured you on the road was also uninsured in addition to being a negligent driver can be a uniquely frustrating and stressful experience. Even if you have gone through car accident litigation in the past, having dependable legal representation on your side can be vital to getting through this specific type of scenario quickly and effectively.
Our auto crash lawyers can explain all your options following an uninsured/underinsured car accident in Las Vegas during a private initial meeting. Schedule your consultation by calling Shook & Stone today.