What Happens When You’re Hit by an Uninsured Driver?

December 29, 2023 Car Accidents

Being involved in a car accident can be a traumatic and confusing experience, especially if the other driver is uninsured. In these situations, you may feel overwhelmed and unsure of your rights and the steps you need to take to protect yourself. However, you still deserve just compensation if someone else was responsible for the collision. Here is what you need to know about your options after you are hit by an uninsured motorist.

Car Insurance Requirements in Nevada

In Nevada, the law operates under a traditional fault system regarding financial responsibility for car accident-related losses. Essentially, the driver responsible for the accident is liable for any harm caused. Typically, this liability is covered by the at-fault driver’s insurance company, which compensates the victims up to the limits of the driver’s coverage.

Nevada mandates that all vehicle owners carry liability auto insurance with minimum coverage limits. These include:

  • $25,000 for bodily injury or death per person per accident
  • $50,000 for total bodily injury or death per accident
  • $20,000 for property damage per accident

If your loved one died due to the negligence of another driver, make sure to contact a Las Vegas attorney who handles wrongful death cases as soon as possible.

Underinsured and Uninsured Motorist Coverage

In instances where an uninsured driver causes an accident, victims often rely on their own insurance for compensation. In Nevada, insurers must offer Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. However, policyholders can choose to reject this coverage by signing a waiver. If no waiver is signed, insurers are obligated to provide UM/UIM coverage.

If you are hit by an uninsured driver, your UM/UIM coverage will likely pay for your damages following the crash. However, it’s important to act promptly as some insurers limit the time to file a UM/UIM claim, sometimes to as little as 30 days from the accident.

What Happens If You Don’t Have UM/UIM Coverage?

If you lack UM/UIM coverage, you could pursue compensation via other types of insurance coverage. Medical Payments (MedPay) coverage can help pay for your medical expenses following a collision, regardless of who was at fault. Personal Injury Protection (PIP) insurance offers broader coverage, including lost wages, rehabilitation services, or even childcare.

However, these policies are not mandatory, and they must have been purchased before the accident in order for you to receive coverage. If you do not have MedPay, PIP, or UM/UIM policies—or if your coverage fails to cover the full extent of your losses—you could pursue a personal injury lawsuit against the uninsured motorist for your damages.

What to Do If You Are Hit by an Uninsured Driver

After an accident with an uninsured motorist, it can be difficult to know what to do next. In the immediate aftermath, the accident to the police to ensure that there is an official record. Collect the at-fault driver’s information, including their name, address, and vehicle details. Seek medical attention for any injuries and save your medical records for your future claim.

Then, report the accident to your insurance coverage and initiate the UM/UIM claim process before the deadline passes. It is also important to consult with an attorney who specializes in UM/UIM claims and can fight for the settlement that you deserve.

A car accident lawyer in Las Vegas can provide clarity during these difficult situations and help you understand which legal option is right for you. After your accident, schedule a legal consultation to learn more about your situation and take your first steps toward recovery.