You were in a car accident. The other driver caused the crash. Then you find out the other driver doesn’t have insurance in Nevada.

Now what?

Being hit by an uninsured driver can make an already difficult situation even more frustrating. You may have medical bills, missed work, damage to your vehicle and injuries that require ongoing treatment. Without insurance on the other side, you may be wondering who is going to pay for those losses.

If you are injured by an uninsured driver in Nevada, you may still have options for recovering compensation.

Nevada Requires Drivers to Carry Liability Insurance

Nevada drivers are required to maintain liability insurance. The minimum coverage is currently:

• $25,000 for bodily injury or death to one person
• $50,000 for bodily injury or death to two or more people
• $20,000 for property damage

Unfortunately, requiring insurance does not mean every driver on the road actually has it.

Some drivers allow their policies to lapse, drive vehicles without coverage or otherwise get behind the wheel without valid insurance.

That can leave an injured person facing an important question: Where does the money come from if the person who caused the accident has no insurance?

Start With Your Own Auto Insurance Policy

One of the first things to determine after an accident with an uninsured driver is whether you have uninsured motorist coverage, commonly called UM coverage.

Uninsured motorist coverage is designed for exactly this situation.

If the driver responsible for the accident does not have insurance, your UM coverage may provide compensation for injuries and other covered losses, depending on the terms and limits of your policy.

This is a claim against your own insurance coverage, but that does not mean you should assume the process will be automatic or that the insurance company will agree with everything you submit.

Your policy, available coverage, the circumstances of the accident and the extent of your injuries all matter.

What If the Other Driver Has Insurance, But It Isn’t Enough?

There is another version of this problem.

The driver may technically have insurance, but their policy limits may not be enough to compensate you for a serious injury.

Nevada’s minimum bodily injury liability requirement is only $25,000 per person.

A serious accident involving an emergency room visit, diagnostic testing, surgery, rehabilitation, lost wages and continuing medical treatment can potentially involve losses well beyond that amount.

That’s where underinsured motorist coverage, or UIM coverage, may become important.

UM/UIM coverage can provide additional protection when an at-fault driver’s insurance is nonexistent or insufficient to cover an injured person’s losses.

Do All Nevada Drivers Have Uninsured Motorist Coverage?

No.

Uninsured and underinsured motorist coverage is not mandatory for Nevada drivers.

However, Nevada insurers are required to offer UM/UIM coverage. A driver can decline that coverage.

That means you should not assume that you either have or do not have UM/UIM coverage based simply on the fact that you have a Nevada auto insurance policy.

Review the actual policy.

Determining exactly what coverage is available is one of the important early steps following an accident involving an uninsured or underinsured driver.

Can You Sue an Uninsured Driver?

Potentially.

The fact that someone does not have automobile insurance does not automatically eliminate responsibility for causing an accident.

But there is an important practical consideration.

Obtaining a judgment against someone and actually collecting that judgment are two different things.

An uninsured driver may have limited income or assets from which a judgment can be collected. That is one reason it is important to investigate all potential sources of insurance and compensation instead of assuming the only option is suing the driver personally.

Depending on the circumstances of an accident, there may also be other parties or insurance policies that need to be investigated.

What If You Were Partially Responsible for the Accident?

Being partially responsible for an accident does not necessarily prevent you from recovering compensation in Nevada.

Nevada follows a modified comparative negligence rule.

Generally, an injured person may still recover damages when their share of negligence is not greater than the negligence of the person or parties from whom recovery is sought. Any recovery can be reduced based on the injured person’s percentage of responsibility.

Fault can therefore become especially important when dealing with an uninsured motorist claim.

Don’t Assume Your Own Insurance Company Is Automatically on Your Side

People are sometimes surprised by this part.

You purchased the policy. You paid the premiums. Now you are making a claim under your own uninsured motorist coverage.

It can feel as though your insurance company should simply pay the claim.

But an insurance company will still evaluate the accident, injuries, medical treatment, damages and value of the claim according to the policy and applicable law.

Questions can arise about fault, whether treatment was related to the accident, the extent of an injury or how much compensation should be paid.

Before giving detailed statements, signing documents or accepting a settlement, make sure you understand what you are agreeing to.

What Should You Do After Being Hit by an Uninsured Driver?

Many of the steps are the same ones you should take after any serious Nevada car accident.

Report the accident and obtain the available information about the other driver. Take photographs and video when possible. Identify witnesses. Seek appropriate medical care for your injuries and follow your treatment recommendations.

You should also notify your own insurance carrier and determine what coverages are available under your policy.

Keep records of medical treatment, bills, missed work and communications regarding the accident.

Most importantly, don’t assume that discovering the other driver is uninsured means there is no claim to pursue.

Talk to a Nevada Car Accident Attorney About Your Options

An accident involving an uninsured driver can become complicated quickly.

There may be questions about uninsured motorist coverage, underinsured motorist coverage, liability, available policy limits and whether additional parties or sources of recovery exist.

Kim Welch Law represents people injured in car accidents in Las Vegas, Henderson and throughout Nevada.

If you were injured by an uninsured or underinsured driver, contact Kim Welch Law to discuss the accident and determine what options may be available in your case.

Contact Kim Welch Law today to schedule a consultation. Connect with her Nevada office on Facebook.