There’s a difference between an “uninsured” driver and an “underinsured” driver, and it’s a difference that only becomes a critical issue after an injury accident has occurred. A driver can have enough insurance to meet the minimum legal standards, but if an accident results in serious bodily injury, that coverage may fall far short of what is required to provide adequate compensation for all damages. A dedicated Las Vegas accident attorney from Cogburn Law will help you develop a powerful case and pursue justice for your injuries.
Underinsured Motorist Accident Resources:
- What are the insurance laws in Nevada?
- What happens if the other driver is from out-of-state?
- How do you get compensated if there is no insurance?
- When should I contact an underinsured motorist accident attorney?
Nevada Insurance Laws
All drivers in Nevada are required by law to have coverage that at least meets certain levels, as of July 2018 according to the Nevada Division of Insurance. The requirement is summed up by the term “25/30/10,” meaning
- $25,000 per person for bodily injury,
- $50,000 per accident for bodily injury, and
- $20,000 per person for property damage.
Whether you are aware of it or not, your insurance broker is required by Nevada to provide you with coverage that includes underinsured motorist coverage with limits to bodily injury liability that are equal to the coverage you have on your own insurance. However, some motorists choose to sign a form waiving uninsured and underinsured motorist accident coverage.
What Happens if the Other Driver is from Out-of-State?
Many cities in Nevada are major tourist destinations meaning that people from all over the nation come to visit, stay, and ultimately drive through the state. This poses problems as different states require different levels of insurance coverage. During heavy tourism seasons, the number of drivers on the road that are uninsured or underinsured increases dramatically. If you are involved in an incident with a party from a different state, it’s likely their insurance coverage will not cover Nevada’s minimum requirements. In California, for example, the standard is 15/30/5. There’s a good chance that $5000 is far too low to cover the costs of property damage, for example, especially if the driver collides with a building or home.
The other driver in your incident may have only the minimum required coverage, but that does automatically signal that seeking damages will be fruitless. If they are truly at fault, our Las Vegas underinsured motorist accident lawyers can help you file suit against that party to pursue damages beyond what insurance pays.
How Do You Get Compensation When There Is No Insurance?
The Insurance Research Council (IRC) reports that as high as 15 percent of all drivers in Nevada are uninsured or don’t carry the legal minimum for bodily injury or death. Beyond that, if you are seriously injured in a car accident, chances are medical costs for emergency treatment and ongoing physical therapy will quickly surpass the minimum amount of coverage required by Nevada law.
Because Nevada operated under a tort system for insurance litigation, an injured driver has the right to sue the responsible party for insurance coverage to pay for the damages caused in the crash. In cases where the negligent party does not carry insurance, the injured party is left to sue their own underinsured motorist policy. Unfortunately, the insurance company functions by rewarding the lowest settlements and policy payouts, often leaving you with heaping amounts of unpaid damages.
Your policy is a complex legal document and you’ll need an attorney that has the skills and experience to understand the nuanced of the legal language in your policy. Our Las Vegas personal injury lawyers at Cogburn Law can help you comprehend the many “grey areas” in these cases and can attempt to recover compensation for your injuries. If the policy limits are insufficient to pay for your damages, we can review the facts in your case, and potentially file a lawsuit against the negligent party in civil court.
Get a Free Consultation with a Las Vegas Underinsured Motorist Accident Attorney
If you intend to sue for damages, a determined Las Vegas underinsured motorist accident attorney from Cogburn Law will move into action to compile solid evidence that of the scope of your injuries, along with the long-term impact of the injuries upon your future quality of life, and evidence of the other driver’s careless or negligent behavior. You need an experienced trial lawyer to develop a powerful case against the negligent driver to present in civil court. At Cogburn Law, our goal is to pursue justice for the injured in cases of serious injury and wrongful death, including car accident cases caused by underinsured drivers in Las Vegas.
If you or a loved one has been seriously injured in a car accident with an underinsured driver, call Cogburn Law for a free case consultation.