If you are not at fault in a car accident and the other driver has no insurance, you may still be able to recover damages. If you have UM/UIM coverage under your policy, you can make a claim through your own provider. If not, you can file a personal injury lawsuit against the other driver.
Nevada is a fault state, which means a victim files a claim through the at-fault driver’s insurance provider. If they do not have any insurance, this can complicate the process of seeking fair compensation. A lawyer with our firm can help you take legal action, though.
Car Insurance Requirements in Nevada
According to the Nevada Department of Motor Vehicles (DMVNV), certain amounts of liability coverage are a must for every driver. This insurance includes coverage for bodily injury and death ($25,000 for one person and $50,000 for two people), as well as $20,000 for property damage,
Still, some drivers neglect to purchase insurance. While this can result in fines for them, it often leaves victims struggling to recover compensation for their losses.
How Uninsured Motorist Coverage Works
If you experienced a car accident with a driver who has no insurance and you are not at fault, you may be able to seek compensation through your own insurer. You can only do this if your policy includes uninsured motorist coverage or underinsured motorist coverage (UM/UIM).
Unfortunately, UM/UIM is not mandated by law, and some motorists forgo this optional coverage because they cannot afford it. If you do not have it, you may not be able to recover damages from your own insurer.
For a free legal consultation, call (702) 997-6999
If You Cannot Seek Damages Through Your Own Insurance Policy
Suffering injuries in a car accident that was not your fault is bad enough. If the at-fault driver does not have insurance, you may worry that you will have to pay out of pocket for your losses. This may not be the case, though.
A lawyer with our firm can help you pursue the liable party by filing a personal injury lawsuit on your behalf. They can handle all of the paperwork associated with your case and protect your right to fair compensation.
How a Lawyer on Our Team Can Help You Pursue Compensation
You have the right to legal representation, and our lawyers can help you by providing a number of services.
We Can Prove You Were Not at Fault for the Accident
When you file a lawsuit after a car accident in Nevada, you will have to prove you were not more at fault than the other driver in order to seek financial recovery. NRS §41.141 outlines the state’s modified comparative negligence laws. It states that your right to compensation is directly proportional to the amount of fault you bear for the accident.
Your lawyer can investigate your accident to prove that you were not at fault for the crash. Even if you shared a portion of the fault, they could challenge the liable party’s claims about how much you contributed to the collision, which can help you secure fair compensation.
We Can Calculate Your Damages
When seeking damages, it is important to account for both current and future losses, as well as non-economic damages. Your lawyer can employ different methods to calculate your losses, even innumerable ones like pain and suffering.
They may have you keep a daily journal that documents how your pain affects your life. They may also communicate with your doctor to determine the full scope of your injuries and the effect they will have on your medical bills and earning capacity.
We Can Represent You at Trial, if Necessary
Finally, your lawyer can protect your interests in a trial and seek a fair court-awarded offer. They can argue your case before a judge or jury and handle all of the documents associated with going to court.
We Make Our Services Affordable
Luckily, our lawyers work on a contingency-fee basis, meaning you will not have to pay for their services if they cannot secure compensation for your losses. This payment structure enables us to begin working on your case right away and alleviates your concerns about affording legal representation.
You could even call your prospective law firm for a free consultation to discuss your accident.
Complete a Free Case Evaluation form now
The Attorneys at Bernstein & Poisson Are Ready to Help You
In a car accident where you are not at fault, you may still have options for seeking financial recovery (despite the other driver not having insurance). We invite you to take advantage of our complimentary consultation to discover how you can hold a negligent party responsible.
You deserve to focus on your health and recovery; let us handle the legal process. Call Bernstein & Poisson as soon as possible. You do not have an unlimited amount of time to file a lawsuit, so the sooner you call, the sooner we can begin working on your case.