Imagine someone crashes into your car while driving through a major intersection. You’re worried about your injuries, and you’re worried about your car.
The one consolation is that it wasn’t your fault, so you lean into the thought that at least the other driver’s insurance will pay for the damages.
Then, the truth hits like a wrecking ball: They don’t have insurance. What happens now?
If you find yourself in this situation, you’re not alone. It’s estimated that more than 1 in 7 drivers in the U.S. is uninsured,1 and when these drivers cause accidents, the results can be devastating.
In this blog, our Las Vegas accident injury lawyers will help you explore your options for protecting yourself on the road, given the risk of uninsured drivers.
(DC Studio/Freepik)
The Importance of Car Insurance in Nevada
Car insurance is a requirement for drivers in Nevada, and the state mandates a minimum amount of liability insurance to cover damages in the event of an accident. This coverage follows the 25/50/20 rule based on the following amounts.
- Bodily injury liability: Covers the injury-related costs to others in an accident you cause. Minimum requirement: $25,000 of bodily injury coverage per person, $50,000 of bodily injury coverage per accident.
- Property damage liability: Covers the cost of damages to another person’s property (e.g., their car, fence, or building) caused by your negligence. Minimum requirement: $20,000 of property damage coverage per accident.
Despite the state law, many drivers either do not carry insurance or have insufficient coverage. When this happens, the burden of paying for damages may shift to you.
Protect Yourself With Additional Insurance
You can prepare for an accident with an uninsured motorist by purchasing additional types of insurance, including:
1. Uninsured Motorist Coverage (UM)
Uninsured motorist (UM) coverage provides benefits if the at-fault driver does not have insurance, has insufficient insurance, or flees the accident scene. There are different types of uninsured motorist coverage. There is Uninsured Motorist Bodily Injury coverage (UMBI), which covers medical costs, lost wages, and pain and suffering. Another option is Uninsured Motorist Property Damage (UMPD) coverage, which covers vehicle repairs.
Nevada state law does not require either type of UM coverage, but many drivers opt for it because it provides a safety net for the “what ifs” of car accidents. It is highly recommended that you add uninsured motorist coverage to your policy. The cost of adding this coverage is usually relatively low, and it becomes invaluable in the event of an accident with an uninsured driver.
2. Personal Injury Protection
Personal Injury Protection (PIP) coverage is another type of insurance that can be added to your policy and helps cover bodily injuries. PIP, also called “no-fault insurance,” can cover medical bills and lost wages for you and your passengers, regardless of who caused the accident. It can also cover things like childcare and housekeeping services if your injuries leave you unable to perform these tasks.
While mandatory in some states, PIP coverage is optional in Nevada, but it can prove invaluable if you are hit by an uninsured motorist.
3. MedPay
Medical Payments Coverage (MedPay) is available in Nevada to cover medical and funerary expenses after an accident, regardless of who is at fault. It is generally more affordable, though it typically has lower coverage rates than PIP insurance. It does not have deductibles or co-pays, and its premiums won’t rise after accidents.
4. Collision Insurance for Property Damage
Your own insurance policy might provide adequate protection for property damage in the event of an accident caused by uninsured drivers. For example, if you have collision coverage, this will pay for the repairs to your vehicle, regardless of who is at fault. However, your insurance provider may require you to pay a deductible before your collision insurance kicks in.
Collision coverage is not to be confused with comprehensive coverage, as comprehensive coverage does not help with injuries from accidents with uninsured motorists. Rather, it helps pay for damages from incidents other than accidents, such as vandalism or theft.
Can I Sue the At-Fault Driver?
If the uninsured driver has any assets or income, you may be able to settle with them out of court, either directly or through mediation. This can sometimes lead to compensation without the need for a lengthy lawsuit. Getting an auto accident injury attorney near you can raise your chances of receiving restitution.
If the driver has assets worth pursuing, and you can’t reach an out-of-court settlement, you can always file a lawsuit to recover:
- Medical Expenses:</b >Hospital bills, surgeries, rehabilitation, and ongoing care costs.
- Lost Wages: Compensation for lost income due to the accident.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and decreased quality of life caused by the accident.
- Property Damages: To cover the cost of your car repairs (or a replacement if it is totaled).
Prevent Financial Loss from Uninsured Drivers
While you can take steps to recover damages after an accident with an uninsured driver, the best protection is prevention. If you aren’t sure what types of insurance coverage you have, call your insurance provider today and find out.
Ask about UM, PIP, MedPay, and collision coverage. Invest in additional coverage if needed. It may be a sacrifice to pay out a little more each month, but it’s a drop in the bucket compared to what you could have to pay in bodily and property damages if you’re hit by an uninsured motorist.
And don’t forget to drive defensively. While you can’t control other drivers’ behavior, you can reduce your chances of being in an accident by staying alert, avoiding distractions, and following traffic laws.
1https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists