The only thing that is worse than getting into a car accident is getting hit by someone who did not have car insurance when they hit you. This scenario is frustrating, but you do have a few options. In this article we will explain what the options are when you get hit by someone with no car insurance.
Option 1: Sue the Driver Personally
You always have the option of suing the driver that hit you. If the damage to your car is minimal and you were not injured in the accident, you may be able to file in small claims court. In Las Vegas, the amount that you are suing for must be less than $7,500. The small claims process is not extremely complicated but you will need some guidance. Here is a great link that likely help you (Link to Small Claims Help)
However, if your car damage is higher than $7,500 or you were injured in the car accident, the process will get more complicated than just filing in small claim court. Working a lawsuit can be intimidating. You will need to present your case to the judge and present compelling evidence like police reports, car repairs, photos and medical records of the injuries that you incurred. A lawyer can certainly help and make the process easier.
The biggest obstacle in suing may not be getting a judgement against the person that hit you. The biggest obstacle might actually be collecting the money that was awarded to you by the judge. If someone does not have insurance, it may be because they do not have much money. If you have a judgement and don’t know how to collect on it, you may need to speak with an attorney.
Option 2: File a Claim with Your Insurance Company
You always have the option of filing a claim with your insurance company. That is what you have insurance for, right? However, be sure to understand what type of car insurance you have before you file a claim.
If you have “uninsured motorist” coverage on your policy then you will be in fairly good shape. There are two types of uninsured motorist coverages. The first type (UIM) is for any damage that might occur to your body. If you needed surgery or chiropractic care, this UIM policy option can pay for those costs. The other type of uninsured motorist coverage is for property damage. This policy will pay for repairs to your car.
However, if you did not choose that option when purchasing your insurance coverage, then you’ll have to pay for repairs or medical bills yourself—not a situation you want to find yourself in.
Be Safe on the Roads
It is scary to think that there are divers out there that recklessly drive around without insurance coverage. In 2011 a study was conducted that found that about one in every seven drivers was uninsured. That means that 14% of drivers in the United States do not have insurance coverage.
If you have been injured by an uninsured motorist and you would like a lawyer to evaluate your case, feel free to call us for a free consultation. Our expert Las Vegas personal injury lawyers will give you a clear understanding of the law and help you determine what you should do. You can reach us by calling 702-879-9555 or by clicking here to request a meeting time.
Matt Pfau is an attorney and founding partner at the law firm H & P. Matt has a background in business consulting, estate planning, business start-ups and bankruptcy and is licensed to practice in both Nevada and California. A partner in the firm H & P, he can be reached at 702-879-9555.
