In Nevada, and across the United States, there is a significant number of drivers who do not carry car insurance coverage even though purchasing an auto policy is required by law in all 50 states. If you are involved in a Nevada car accident, there is a 10 percent likelihood that the other driver does not have an auto insurance policy that covers the driver if he or she is responsible for causing the accident. So, what do you do if you are involved in a Nevada car crash where the at-fault driver has no car insurance? Keep reading to find out.
When a Driver is Uninsured
Even when one or more drivers involved in a Nevada car crash are uninsured, many aspects of the process will be just like when all drivers carry car insurance policies as legally required. The owner or driver of the vehicle that is not insured, however, will likely face monetary fines and other legal consequences for violating state law by failing to carry car insurance. If you have been hurt because an uninsured driver caused a car accident and he or she is found liable for the crash, you may still have a valid legal claim against that driver for monetary compensation.
When a driver is uninsured, however, the process of seeking compensation for harm suffered can be more complicated than when all drivers are covered by auto insurance policies. Some steps that you may have to take include:
- Filing a lawsuit against the at-fault party through the court system; or
- Filing a claim with your own car insurance company;
When filing a lawsuit against an at-fault, but uninsured driver, you may be able to successfully obtain a judgment against him or her. The court will then look at the at-fault driver’s assets and possibly order that their assets be seized in order to repay some of the damages you have incurred. If you are successful in obtaining a judgment, then the at-fault uninsured driver may be court-ordered to make regular payments for a certain timeframe.
When filing a claim with your own auto insurance policy, you should look at your coverage and see if you have uninsured motorist coverage. If you purchased this type of coverage, you may seek monetary compensation from your own car insurance carrier if you are involved in an accident with an at-fault uninsured driver who cannot fully compensate you for the losses you incurred. Even when you are paid by your own car insurance carrier, the company may attempt to recover some of these monies from the uninsured driver who was responsible for the crash—referred to as subrogation.
Contact Our Accident Attorneys
If you were involved in a Nevada accident with an uninsured driver who caused the crash, discuss your situation with our attorneys at H&P Law to learn about your options under the law. Call (702) 598-4529 to request a case review by one of our lawyers.
