In an Accident with an Uninsured Driver: Can I Sue Them?

Being in a car accident can be a traumatic and confusing experience under any circumstances. However, when the at-fault driver is uninsured, it presents additional challenges that many crash victims are unsure how to navigate.

If you were recently involved in an accident with an uninsured motorist here in Las Vegas, you likely have a lot of questions about what comes next. Can I file a claim? What are my options for recouping damages? Am I entitled to compensation even though the other driver has no insurance? Understanding your legal rights in situations involving uninsured at-fault drivers is key to determining your next steps.

This guide will walk you through the key considerations in these difficult situations. With over 40 years of personal injury expertise specific to Nevada, the legal team at Jack Bernstein Injury Lawyers is here to help accident victims pursue any compensation that may be available under the facts and the law. When you’ve been injured by the negligence of an uninsured driver, having Jack on your side can make all the difference.

Determining Fault in Accidents with Uninsured Drivers

Establishing fault takes on greater importance when an uninsured driver causes an accident in Nevada. Unlike collisions involving insured motorists, the injured party typically shoulders the burden of proving the uninsured driver’s liability, rather than relying on insurance companies to investigate fault. This often necessitates complex legal action to receive compensation.

Key Differences in the Fault Determination Process

• When both drivers have insurance, companies investigate fault. With an uninsured driver, the injured person must collect evidence and build a claim themselves.
• The injured party carries the burden of proof against the uninsured driver. Their own UM/UIM coverage is capped by its own limits, and those limits are worth checking rather than assuming they are small: insurance companies transacting motor vehicle insurance in Nevada must offer uninsured and underinsured coverage in an amount equal to the limits of bodily injury coverage sold under a policy covering the use of a passenger car or motorcycle, except as subsection 5 provides for commercial, excess, umbrella and other policies that are not primary motor vehicle insurance (NRS 687B.145(2)). An offer is not the same as coverage in force.
• Legal action and more complex lawsuits are often needed to establish an uninsured driver’s liability.

Relevant Nevada Laws

• Modified comparative negligence: reduces compensation in proportion to the injured party’s share of the fault, and bars recovery if that share is greater than the combined fault of the parties being sued.
• Uninsured motorist coverage must be in your policy unless you rejected it in writing on a form furnished by your insurer (NRS 690B.020), and insurers must offer underinsured coverage equal to your bodily injury limits (NRS 687B.145(2)); either one pays only up to the limits you carry.
• Accident reporting requirements and a two-year statute of limitations on most lawsuits for injuries to a person (NRS 11.190(4)(e)), with different deadlines and exceptions in some circumstances, including that the period does not run while the injured person was under 18 or insane when the claim accrued (NRS 11.250). Knowing how Nevada’s laws on filing timelines work can help protect your claim.

Common Challenges

• Lack of insurance company support in investigating fault.
• Uninsured drivers have fewer assets to recover damages from.
• Increased legal complexities can lengthen the process.

Immediate Steps After an Accident with an Uninsured Driver

Taking prompt action after a collision with an uninsured motorist can significantly impact your ability to recover damages down the road. Here are some critical steps to take:

• Thoroughly photograph and video the accident scene, vehicles, license plates, and visible injuries or property damage.
• Obtain a copy of the police report, which should include complete details of the incident. Provide this report to your insurance company and retain for your records.
• Get contact information and statements from any witnesses while memories are fresh.
• Seek medical evaluation and maintain records, even for minor injuries.
• Report the accident to your insurer as soon as you can, and read your policy for the notice it requires; auto policies ordinarily call for prompt notice rather than a fixed number of hours, and no Nevada statute sets a 24 hour deadline. Reporting early is what keeps uninsured motorist coverage in play. Familiarizing yourself with how insurance claims are handled in Nevada can also help you navigate the process.
• Consult an attorney about next steps, evidence needed, and preserving your right to sue the at-fault driver.

Comprehensive documentation in the hours and days following the crash lays the groundwork for determining fault and pursuing compensation down the road. An experienced personal injury lawyer can advise on evidence collection and timely insurance notifications to protect your interests following the trauma of an accident.

Types of Insurance Coverage

If you are injured in an auto accident caused by an uninsured driver, there are two main types of insurance that can help cover your losses: auto insurance and medical insurance. Understanding how these insurance coverages work is critical when you are pursuing compensation for those losses.

Auto Insurance Coverage Requirements in Nevada

Uninsured/Underinsured Motorist Coverage

Uninsured Motorist (UM) coverage provides compensation when the at-fault driver has no insurance. Underinsured Motorist (UIM) coverage provides compensation when the at-fault driver’s limits are insufficient to cover your damages.

• Nevada’s minimum bodily injury liability limits are $25,000 per person and $50,000 per crash. Uninsured motorist coverage must be provided at limits not less than those minimums unless you rejected it in writing (NRS 690B.020), and your insurer must offer underinsured coverage equal to the bodily injury limits you bought on a passenger car or motorcycle policy (NRS 687B.145). Higher optional limits can be purchased.
• Coverage limits, exclusions, and claim reporting requirements apply. Promptly report accidents even if fault is disputed.

Collision Coverage

Collision coverage pays for repairs to your vehicle regardless of fault. UM/UIM covers injuries and damages caused by the uninsured/underinsured driver. The two work together to provide comprehensive protection.

For example, if an uninsured driver hits you:

• Collision coverage repairs your car.
• UM/UIM coverage pays your medical bills and lost wages.

Medical Insurance Coverage

Personal Injury Protection (PIP): Not Required in Nevada

Nevada has no personal injury protection (PIP) mandate and no no-fault serious-injury threshold; an injury claim is made against the at-fault party and, where you bought it, your own UM/UIM and medical payments coverage. Insurers must offer you the option to buy at least $1,000 of medical payments (MedPay) coverage for reasonable and necessary medical expenses from a crash (NRS 687B.145), which is the coverage described below.

Medical Payments (MedPay) Coverage

MedPay also covers medical expenses resulting from an accident, with set coverage maximums. It similarly coordinates with other health insurance.

How MedPay Works

MedPay Example:

• You have $10,000 in medical bills from an accident.
• Your medical payments (MedPay) coverage has a $10,000 limit.
• MedPay pays the $10,000 medical bill.
• Additional medical bills would be covered by health insurance. If you don’t have coverage, it’s important to be aware of your medical care options after a Nevada car accident.

Consulting with an attorney can help you pursue your auto and medical insurance claims after an uninsured driver accident. They can navigate policy limits, exclusions, disputes, and coordination of benefits issues.

Evaluating the Worth of Suing an Uninsured Driver

Pursuing legal action against an uninsured at-fault driver can provide the potential for greater compensation than an insurance claim alone. However, lawsuits also involve financial risks and uncertainty.

Consulting with an attorney is highly recommended to realistically assess the merits of bringing a lawsuit against the uninsured driver based on:

• The severity of your damages and injuries
• The evidence supporting liability
• The resources and assets of the defendant

More serious injuries involving substantial losses can justify a lawsuit, but anything beyond the available insurance has to come from the driver’s own income or assets, so what can actually be collected is part of that decision. But if damages are relatively minor, an insurance settlement may suffice.

Obtaining a Judgment

If successful in court, the plaintiff is granted a judgment ordering the defendant to pay damages. But collecting on judgments from uninsured drivers can be extremely challenging.

• Uninsured defendants often lack sufficient income or assets to pay.
• Additional legal action may be needed to try garnishing wages or placing property liens.
• Many judgments against uninsured drivers are never collected in full, and we have no reliable figure for how often that happens. In some cases, punitive damages may be awarded where clear and convincing evidence shows the driver was guilty of oppression, fraud or malice, though unless an exception in the statute or another specific statute applies, NRS 42.005 limits them to three times the compensatory damages if those are $100,000 or more, or $300,000 if they are less, and a larger judgment is still only worth what the driver can pay.

Weighing the high costs and risks against potential rewards of suing requires an honest assessment of the realities of judgment collections.

Small Claims Court: An Alternative for Minor Cases

For accidents involving fairly minor injuries and lower financial losses, small claims court can provide an affordable and quicker legal alternative compared to traditional court.

• Nevada’s small claims courts handle cases seeking $10,000 or less in damages.
• Nothing in the small claims statute bars a party from having an attorney, though attorney’s fees are generally not awarded (NRS 73.040), and parties present evidence like repair estimates, medical records, and witness statements.
• An appeal to the district court exists (NRS 73.050).

Small claims suits may be feasible for recovering clearly documented out-of-pocket expenses from an uninsured driver, like vehicle repair bills, lost pay from missed work, and copays for emergency medical treatment.

However, small claims courts lack the procedural formalities, jury trials, discovery processes, and evidentiary standards of traditional courtrooms. For more complex cases with severe injuries or losses, hiring an attorney skilled in personal injury litigation is essential.

Legal Options and Steps in Pursuing a Lawsuit

If attempts to negotiate fair compensation from an uninsured driver fail, filing a personal injury lawsuit may become necessary. Here are key steps in the litigation process:

• Consult an experienced attorney: Personal injury law can be complex, and having legal counsel assess your case is highly advisable before proceeding with litigation. They can provide guidance on viable legal theories, potential damages, and likelihood of success. Those considering litigation in Nevada can benefit from understanding how legal action typically begins and what it entails.
• File before the statute of limitations expires: In Nevada, a personal injury lawsuit must generally be filed within two years (NRS 11.190(4)(e)). Different deadlines and exceptions can apply depending on the claim and its circumstances, and missing the deadline that applies to your case can bar it, so consulting a lawyer early is important.
• Draft and file initial pleadings: Your attorney will prepare the crucial complaint outlining your allegations, legal theories like negligence, and specific damages sought. The complaint and summons must then be properly served on the defendant.
• Engage in discovery: This information-gathering stage involves requesting relevant documents, conducting depositions to question parties under oath, issuing interrogatories requiring written answers from defendants, and seeking physical exams if injuries are disputed.
• Consider and argue motions: Your lawyer may file motions seeking certain court orders, like a motion to compel if the defendant is uncooperative in discovery. Hearings will be held to argue key motions.
• Engage in settlement negotiations: The majority of cases settle out of court. Your lawyer can negotiate aggressively on your behalf and communicate demands clearly and forcefully.
• Proceed to trial: If no settlement is reached, your lawyer will zealously argue your case at trial, presenting favorable evidence and witnesses.

Role of Legal Representation

Experienced counsel can help you pursue a claim against an uninsured driver. An auto accident attorney provides:

• Legal knowledge: Lawyers know the applicable laws, court procedures, and case strategies that apply to your claim.
• Objective guidance: Lawyers take the emotion out and provide candid case assessments, so you can make informed decisions.
• Insurance dispute management: Lawyers act as advocates against the insurer, challenging improper denials and pursuing payment under the policy.
• Thorough investigation: Lawyers utilize investigators, experts, and research to build a rock-solid case.
• Courtroom skills: From pleadings to discovery to trial, every stage demands legal skills that lawyers have.
• Reduced stress: By managing the legal process, lawyers allow you to focus on recovery while your rights are protected.
• Leveling the playing field: You do not have to handle the claim, the negotiations, or a possible lawsuit on your own.

With so much at stake, a lawyer’s counsel and representation can prove invaluable after an accident with an uninsured driver.

Suing Uninsured Drivers in NV FAQs

Police reports, eyewitness accounts, video footage, and forensic evidence help establish fault. Consult a lawyer to analyze negligence and liability factors under state law. The burden of proof falls more heavily on the insured driver vs. insurance company investigations with insured drivers.

Uninsured/underinsured motorist coverage and medical payments (MedPay) coverage, where you bought them, can provide compensation for injuries and damages; Nevada has no personal injury protection (PIP) mandate. Collision coverage helps pay for vehicle repairs. Understand your policy provisions, limits, and claim requirements.

Per person and per accident payout limits, exclusions for certain damage types, required policyholder premium payments and policy compliance, and prompt claim reporting time limits. Review your specific policy.

Factors include injury severity, available evidence, and the uninsured driver’s assets. A lawyer can advise if strong damages and liability evidence exist to potentially pursue additional compensation beyond insurance limits. But collecting judgments can be very difficult.

Nevada small claims actions are for the recovery of money only, up to $10,000, in justice court (NRS 73.010). Nothing in the small claims statute bars a party from having an attorney, though attorney’s fees are generally not awarded (NRS 73.040), and an appeal to the district court exists (NRS 73.050). Small claims are feasible for clear-cut cases with well-documented economic damages and not suitable for complex cases with serious injuries.

Advise on fault, insurance, and legal options. Dispute unfair claims practices. Negotiate with the insurer and pursue any compensation that may be available under the facts and the law. Thoroughly investigate and build your case. Represent your interests in court if necessary. Ease the legal burden.

Navigating Uninsured Driver Accidents

Being involved in an accident with an uninsured motorist can leave you facing significant injuries, vehicle damage, and financial stress from mounting medical bills and lost income. Yet, without adequate insurance coverage on the party at fault, recovering for those losses becomes complex and challenging.

Taking the proper steps after an accident with an uninsured driver is crucial. Thoroughly documenting evidence establishes negligence, while promptly engaging your uninsured motorist coverage and other applicable policies provides initial compensation sources.

Determining if legal action against the uninsured driver is viable requires weighing factors like injury severity, evidence, and the defendant’s assets and income sources. Small claims suits may suffice for minor clear-cut cases. For complex cases involving substantial losses, experienced legal counsel is key to navigating litigation.

Insurer disputes over liability, coverage limits, medical payments, and fair compensation are also best handled with the guidance of a personal injury lawyer. They can protect your interests in those disputes, applying apposite pressure and negotiating tenaciously on your behalf when warranted.

How Jack Bernstein Injury Lawyers Can Help

At Jack Bernstein Injury Lawyers, our in-depth experience with Nevada auto accident cases and passion for helping injured victims fuels skilled, compassionate legal representation. If you have been involved in a collision with an uninsured driver, contact our office for a free consultation. We will help you make informed decisions to determine legal action so you can obtain the maximum recovery of compensation possible. With over 40 years of personal injury experience, Jack has your back!

Contact Us for a Free Consultation

If you have been injured in an accident due to negligence, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas accident lawyers. You will gain an advocate for every stage in the claims process. We will investigate your claim and pursue any compensation that may be available under the facts and the law.

Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you personalized service and legal representation after an accident.

Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.