Driving the bustling roads of Las Vegas carries the risk of accidents, and sometimes these incidents involve drivers who lack proper insurance coverage. If you’ve been hit by an uninsured motorist in Las Vegas, you may be facing stress and uncertainty about how to proceed.
Uninsured motorist claims can provide a significant safety net in these situations. The Las Vegas attorneys representing people in auto accidents share what you need to know to navigate the aftermath of an accident with an uninsured driver.
What is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage is a portion of your auto insurance policy that protects you if you are involved in an accident with a driver who lacks insurance. In Nevada, while liability insurance is mandatory, many drivers unfortunately remain uninsured.
UM coverage typically helps pay for your medical bills, lost wages, and pain and suffering when the at-fault driver cannot cover these expenses. It can also cover hit-and-run incidents, provided that there is physical contact between the vehicles and the incident is reported promptly to the police.
Is UM Coverage Required in Nevada?
Although Nevada law does not require drivers to carry uninsured motorist coverage, insurance companies are obligated to offer it when you purchase your policy. You have the option to decline this coverage, but it must be done so in writing. Considering the number of uninsured drivers on the road, having UM coverage is strongly advisable.
Claiming UM Benefits in Las Vegas
The Claim Process
After an accident with an uninsured driver, you should act as though you were dealing with the at-fault driver’s insurance company. This means:
- Filing a Police Report: Always call the police after an accident, more so if it involves an uninsured driver. This creates an official record that will be vital when making a claim.
- Documenting Everything: Take photos of the accident scene, your vehicle, the other vehicle, and any injuries. Exchange information with the other driver and collect witness statements if possible.
- Notifying Your Insurer: Contact your insurance company as soon as possible to inform them about the accident and your intention to file a UM claim.
Working with Insurance Providers
It’s a common misconception that dealing with your own insurance provider will be easier than dealing with the at-fault party’s carrier. However, it’s important to remember that even your own insurer’s interests might not perfectly align with yours. They may attempt to minimize what they pay out on your claim.
Legal Representation
Having legal representation could be beneficial when filing an uninsured motorist claim. A knowledgeable Las Vegas car accident attorney can help you navigate the legal complexities, liaise with insurance adjusters, and ensure that you receive fair compensation.
Challenges with UM Claims
Proving Fault
Nevada follows a fault-based system for car accidents, meaning that the person at fault is responsible for paying damages. A common challenge with UM claims is proving that the uninsured driver was at fault. An attorney can help you gather and present evidence effectively.
Policy Limits
Another potential challenge is that your UM coverage has limits, which might not fully cover all your expenses. Understanding the details of your coverage and knowing your options is crucial, especially if your damages exceed your policy limits.
Recovering Damages in a UM Claim
Medical Expenses
You can claim for any medical treatment necessitated by the accident, from emergency care to rehabilitation.
Property Damage
Property loss, including damage to your car and any belongings inside, can be part of the UM claim.
Lost Wages
If the accident leaves you unable to work, you can claim for lost income during your period of incapacitation.
Pain and Suffering
Unlike tangible costs like medical bills, pain and suffering constitute non-economic damages that you might also recover.
Considerations before Filing a UM Claim
- Review Your Policy: Know what your UM coverage entails and understand the limits and exclusions.
- Act Promptly: Deadlines for filing claims can be strict, so it’s important to act quickly to ensure that you preserve your right to compensation.
- Seek Counsel: Consider hiring a personal injury attorney who is familiar with Nevada’s insurance laws to guide you through the UM claim process.
Navigating the aftermath of an accident with an uninsured motorist in Las Vegas can undoubtedly be daunting. But armed with the right information and possibly the right legal support, you can confidently approach an uninsured motorist claim. Understanding your rights, the scope of your insurance policy, and the legal avenues available is key to a successful recovery of damages in such events.