When the unexpected happens, and you find yourself involved in a car accident without insurance, it’s normal to feel overwhelmed and uncertain about what to do next. As a driver in the state, it’s your legal obligation to maintain the required minimum car insurance coverage.
Failing to carry proper insurance can result in serious consequences, especially if you are involved in a collision. It is an unfortunate combination to get into a car accident and have a lack of insurance coverage in Nevada. A Las Vegas car accident lawyer can help you take the proper steps when you find yourself in this situation so you can get the most out of your situation.
When You Share Fault for the Accident
If you share fault for the collision while driving without insurance, you may face additional challenges. Nevada adheres to a modified comparative negligence rule, which means that if you are found to be more than 50% at fault for the accident, you may be barred from recovering any damages from the other party. This can leave you solely responsible for covering your own medical expenses, vehicle repairs, and other losses.
Even if you are less than 50% at fault, your percentage of fault will reduce the amount of damages you can recover. For example, assuming you may hold 30% at fault and your damages may total $10,000, you would only possibly be entitled to recover $7,000 from the other party. Being uninsured in this situation can make it even more difficult to cover your losses and move forward after the accident.
If the other party decides to sue you for damages, you may be personally liable for their losses. Without insurance, you will have to bear the cost of legal representation and any potential judgment against you out of your own pocket. This financial burden can be substantial and may have long-lasting consequences on your personal and professional life.
When Only the Other Driver Is at Fault
If you are involved in a car accident in Nevada where the other driver is entirely at fault, you may still face challenges if you were driving without insurance. Although you may be entitled to recover damages from the at-fault driver’s insurance company, your lack of insurance can complicate the process. The other driver’s insurance company may be less willing to negotiate a fair settlement with an uninsured driver.
Without your own insurance coverage, you will not have access to certain benefits that could help you cover expenses while you await a settlement. For example, you won’t have personal injury protection (PIP) coverage to help pay for medical expenses or lost wages. You also won’t have uninsured/underinsured motorist coverage to protect you if the at-fault driver lacks sufficient insurance to cover your damages.
The at-fault driver’s insurance company may attempt to shift some of the blame onto you, arguing that your lack of insurance demonstrates negligence on your part. This tactic can be used to reduce the amount of damages they are required to pay out. To protect your rights and ensure fair compensation, it is beneficial to work with an attorney who can advocate on your behalf and negotiate with the insurance company.
What to Do if the Other Driver Lacks Insurance
If your car accident involves an uninsured driver in Nevada, and you also lack insurance, the situation can become even more complex. In this scenario, both parties may struggle to cover their own damages and losses. Nevada offers uninsured motorist coverage, but if you are also uninsured, you won’t have access to this protection.
In this case, your options for recovering damages may be limited. You may need to rely on your own health insurance to cover medical expenses and pay out of pocket for vehicle repairs. If the other driver is at fault, you may be able to pursue legal action against them personally, but collecting damages can be difficult if they have limited assets or income.
Investigating whether the at-fault driver has any other sources of coverage, such as a personal umbrella policy or a vehicle owner’s policy if they were borrowing someone else’s car, may be a potential avenue to explore. It’s important to understand that pursuing legal action can be a lengthy process, and there is no guarantee of recovering damages from an uninsured driver. In some cases, you may need to absorb the costs associated with the accident on your own.
Steps to Take After a Car Accident
If you are in a car accident without insurance, there are several important steps you should take to protect your rights and minimize potential consequences. These steps can help you navigate the complex legal and financial issues that may arise. Here are some important steps to take as you ask yourself, “What do I do after a car accident?”:
- Call the police and report the accident
- Exchange information with the other driver, including contact and vehicle details
- Document the accident scene with photos and notes
- Seek medical attention for any injuries and keep records of treatment
- Consult with an experienced car accident attorney to discuss your legal options
The steps you take after a car accident can make or break your case. You must go through the process carefully to cover every aspect. While there is never a guaranteed outcome for any case, you can improve the outcome by following the right steps.
Contact a Las Vegas Car Accident Attorney
The complexities of an uninsured car accident can be an overwhelming experience, but having a dedicated legal advocate on your side can make all the difference. By consulting with H&P Law, you’ll gain valuable insights into your legal options and develop a strategy tailored to your specific needs. Contact us today to start a free consultation.
