Accidents With Uninsured and Underinsured Drivers

You do the right things because you’re responsible. You buy auto insurance because it’s required by Nevada law, and it makes sense to do so. Then an accident happens, and you’re seriously injured. The other driver doesn’t have auto insurance, only has minimal coverage, or left the scene of the accident. What should you do next?

You should contact the Las Vegas car accident lawyers at Oronoz & Ericsson, LLC. We represent those injured in traffic accidents and the families of those killed due to the negligence of others, including accidents caused by those without insurance, insufficient coverage, or who left the scene of a crash.

If you are suffering due to a traffic accident, reach out to our team of experienced attorneys today. Contact us today at (702) 878-2889 to schedule a free case consultation and learn more about how we can help.

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Insurance Requirements in NV

As of 2015, 10.6% of Nevada motorists lacked insurance, according to the Insurance Information Institute. That’s better than the national average of 13%, but that means that if you’re in an accident in Nevada, there’s a significant chance that the driver who caused the accident broke the law and had no insurance coverage.

Nevada requires motorists to carry the following minimal coverage:

$25,000 in bodily injury per person
$50,000 in bodily injury per accident
$20,000 in property damage

There is optional coverage you should buy to protect yourself and your family if the other party is uninsured or underinsured. Under these circumstances, instead of filing a claim against the other driver’s policy, you file a claim for coverage with your own insurance carrier.

Uninsured and Underinsured Motorist Coverage

You should purchase as much uninsured / underinsured motorist (UM/UIM) coverage as you can, because over the years representing car accident survivors, our firm has seen many people suffering due to an irresponsible driver who didn’t follow state laws and purchase the required amount of insurance. The higher the limits of your UM/UIM coverage, the more financial protection you receive.

You could also obtain an umbrella liability policy for coverage beyond the maximum limits on your UM/UIM auto coverage.

There are rare cases in which the party responsible for your accident and injuries has minimal insurance, but maintains substantial assets. In this situation, it might be worth pursuing a lawsuit. Without the resources insurance coverage provides, you could have a very difficult time obtaining fair compensation for the harm you have suffered.

Making a Claim with Your Insurance Company

To file a claim with your auto insurer, you need to report the accident as quickly as possible. Whatever you say to the insurance carrier could be used to deny your claim or limit the recovery you receive, so it’s important to consult with an attorney before making this call. Although your insurer might comply with the law and your policy, they also want to close your claim as soon as possible at the lowest cost. As such, we recommend talking to one of our car wreck attorneys before making a detailed claim.

We present claims to and negotiate with insurance companies frequently. We back up our demands with police reports and the findings of our own investigation into your accident. In addition, we develop the facts around the crash, and determine how/why the crash occurred.

Negligence in Uninsured / Underinsured Car Accidents

Your claim must also connect the facts to the law. To be successful, you need to show the accident wasn’t your fault. This normally occurs through a negligence claim establishing:

The other driver owed you a legal obligation to drive safely.
That duty was breached because they drove carelessly.
This carelessness caused you harm.
As a result of the driver’s actions, you suffered compensable injuries.

At Oronoz & Ericsson Injury Lawyer, we know negligence and insurance laws, so we won’t let insurers do anything less than fulfill their obligations to you. Initial denials or low settlement offers can normally be resolved through negotiation, submission of additional facts, or documentation. If your insurer won’t act reasonably or offer a fair and just resolution to your claim, we will not hesitate to file a lawsuit to make sure you get the best chance at receiving the compensation you deserve.

What About Hit and Runs?

A hit-and-run accident occurs when the other driver fails to stop after a crash, or stops without giving their identity or insurance information. This not only causes problems for you as an accident victim, but it’s also a crime.

If you got into a hit-and-run, the other party’s insurance won’t be a source of compensation, as they left the scene and did not provide the information you’d need to begin pursuing coverage for your damages. The other driver might not have insurance, but unless they can be found to obtain that information, it doesn’t matter. You’ll need to rely on your own coverage or pursue legal claims with the help of a Las Vegas car accident lawyer.