Uninsured and Underinsured Motorists Attorney in Las Vegas

Uninsured and Underinsured Motorists Attorney in Las Vegas

Car accidents can be distressing, and the aftermath often involves complicated insurance claims. A common concern for many accident victims is whether the at-fault party has adequate insurance coverage to pay for damages. In many instances, the responsible party’s insurance coverage may fall short of covering the actual expenses incurred. This scenario is where Uninsured/Underinsured Motorist (UM/UIM) coverage can provide crucial support.

What Is Uninsured/Underinsured Motorist (UM/UIM) Coverage?

UM/UIM coverage is designed to protect drivers in situations where the at-fault party does not have sufficient insurance. For example, if a driver hits you and doesn’t have any insurance or has minimal coverage that doesn’t fully compensate your damages, your UM/UIM policy can help fill the gap. This coverage can be invaluable, ensuring that victims are not left shouldering the financial burden for someone else’s negligence.

Why Is UM/UIM Coverage Important?

According to the Insurance Research Council, nearly 1 in 8 drivers in the United States are uninsured. In Nevada, this rate can be even higher, with a significant portion of drivers either uninsured or underinsured. This means the chances of being involved in an accident with an inadequately insured driver are alarmingly high, making UM/UIM coverage a necessity rather than a luxury.

What Should You Do After an Accident with an Uninsured/Underinsured Driver?

If you find yourself in an accident involving an uninsured or underinsured driver, it’s essential to act quickly and strategically to protect your rights:

1. Contact the Authorities: Always report the accident to the police, as an official report will be critical for any insurance claim.
2. Seek Medical Attention: Prioritize your health and seek immediate medical attention for any injuries, even if they seem minor.
3. Document the Scene: Take pictures, gather witness information, and document everything you can at the accident scene.
4. Contact a Qualified Attorney: An experienced attorney can help you navigate the complex insurance processes and ensure you receive the compensation you deserve.

Q: Can I File a Claim Against My Own Insurance?

A: Yes, if you have UM/UIM coverage, you can file a claim with your own insurance company. However, dealing with insurance companies can be challenging, and having legal representation can make a significant difference. Our team at Heidari Law Group has extensive experience in negotiating with insurers to help clients secure the compensation they need.

What is Meant by Underinsured and Uninsured Motorists?

Drivers who live in Las Vegas or any other city in the state of Nevada and own a motor vehicle in order to register it, must have liability insurance in the amount of at least $25,000 per person and $50,000 per accident, with the purpose that if a driver is responsible for a car accident, his insurance policy will cover the damages of the other party involved, up to the limits of the policy.

On the other hand, insufficient insurance is when the costs of the damage are higher than the coverage value of the policy and there are cases in which the responsible motorist does not even have insurance, or it is not in force.

Understanding Uninsured Motorist Coverage: What Does It Include?

Uninsured Motorist (UM) coverage is an essential yet often overlooked addition to your auto insurance policy. It provides crucial protection for you and your passengers if you’re involved in an accident with a driver who does not have insurance. This type of coverage steps in when the at-fault driver in an accident is uninsured, ensuring that you are not left with significant financial burdens. But what exactly does Uninsured Motorist coverage include, and how does it work?

What is Uninsured Motorist Coverage?

Uninsured Motorist coverage is designed to protect you from the financial impacts of accidents caused by drivers who lack sufficient insurance. It’s a safeguard that covers expenses related to personal injuries when the responsible party does not have any insurance at all. This type of insurance is especially important given that, according to the Insurance Information Institute, about 1 in 8 drivers in the United States is uninsured.

Is Uninsured Motorist Insurance Required in Nevada?

While Uninsured Motorist insurance is not legally required in Nevada, it’s a highly recommended option for drivers in the state. Nevada, known for its bustling highways and vibrant cities like Las Vegas and Reno, sees a significant number of road accidents each year. According to a recent report by KTNV-TV Las Vegas, many of these accidents involve drivers without insurance. Given this reality, having UM coverage can provide invaluable peace of mind and financial protection in the unfortunate event of an accident.

What Does UM Insurance Cover?

UM insurance is primarily focused on covering personal injuries rather than property damage. Here’s a closer look at what it typically includes:

1. Medical Expenses: Covers the cost of medical treatment, hospital stays, and rehabilitation for you and your passengers.
2. Lost Wages: Compensates for income lost due to injuries sustained in the accident.
3. Pain and Suffering: Provides compensation for non-economic damages such as pain, emotional distress, and loss of enjoyment of life.
4. Hit-and-Run Accidents: If the driver responsible for the accident flees the scene, your UM coverage will still apply, treating the incident as though the at-fault driver were uninsured.

For more on how UM coverage can benefit you, check out this article from KRNV NBC Reno discussing real-life cases where uninsured motorist coverage made a significant difference.

What Uninsured Motorist Coverage Does Not Include

It’s important to note that UM coverage does not extend to property damage. This means that if your car is damaged in an accident caused by an uninsured driver, your UM policy will not cover repairs to your vehicle. For this type of protection, you may need to consider adding Uninsured Motorist Property Damage (UMPD) to your policy.

Why Should You Consider UM Coverage?

Even though it’s not mandatory, Uninsured Motorist coverage is a smart investment for Nevada drivers. According to the Nevada Department of Motor Vehicles, the state has seen a steady increase in uninsured drivers, particularly in areas like Clark County. This trend makes UM coverage a practical choice to safeguard yourself and your loved ones from the financial fallout of a crash with an uninsured driver.

Q&A: Frequently Asked Questions About Uninsured Motorist Coverage

Q: Does Uninsured Motorist coverage protect me if the other driver has insurance but not enough to cover all my expenses?
A: No, UM coverage is specifically for drivers who have no insurance at all. If the other driver is underinsured, you would need Underinsured Motorist (UIM) coverage to bridge the gap.

Q: What happens if I’m in a hit-and-run accident?
A: In a hit-and-run scenario, your Uninsured Motorist policy will treat the incident as if the driver was uninsured, meaning your medical expenses and other covered costs would still be taken care of.

Real-Life Impact of UM Coverage in Nevada

In Nevada, high-profile cases often highlight the need for uninsured motorist coverage. For instance, a report by KSNV NBC Las Vegas detailed a hit-and-run incident where the victim’s uninsured motorist coverage was the only protection they had against overwhelming medical bills. Stories like these emphasize the importance of including UM coverage in your policy.

What Does Underinsured Motorist Coverage Include?

Underinsured motorist coverage is intended to make up the difference when damages from an accident exceed the at-fault driver’s liability coverage.

If you were seriously injured in a car or truck accident, and the cost exceeds coverage, the underinsured policyholder may collect up to the policy limits. Medical payments recovered under another policy will be deducted from the total provided by the underinsured coverage.

Fault Based Liability

Las Vegas operates under a fault-based auto accident liability system, which means the driver who causes an accident must pay for injuries and property damage. The person who was injured in a car accident may choose to pursue one of the following options:

• File a claim under your own insurance policy;
• File a claim with the at-fault party’s auto insurance company, also known as a third-party claim; either
• File a personal injury lawsuit against the at-fault driver.

Filing an Uninsured Motorist Claim

When filing an uninsured motorist claim, you should keep in mind that you are filing a claim against your own insurance company, and you cannot recover damages from a policy the other driver does not have. Your own insurance must pay for the damages you suffered from the other driver.

In an uninsured or underinsured motorist claim, you are filing a claim with your own insurance company, which has a duty to put itself “in the shoes” of the uninsured or underinsured motorist and pay for those damages. Depending on your insurance coverage, you may be required to submit to arbitration.

What Should You Do if You’ve Been Injured in an Accident with an Uninsured or Underinsured Motorist in Las Vegas?

Experiencing a car accident can be a traumatic event, especially when the other driver is uninsured or underinsured. In Las Vegas, safeguarding your rights to compensation involves taking specific, strategic steps immediately after the incident. Here’s a comprehensive guide to help you navigate this challenging situation.

Immediate Steps to Take After the Accident

1. Contact the Police Immediately

Reporting the accident to the police is crucial. A police report serves as an official record, detailing the incident’s specifics, which is essential for establishing liability and the extent of damages. This documentation can significantly bolster your case when seeking compensation.

2. Exchange Information with the Other Driver

Gather the uninsured or underinsured motorist’s personal and insurance information, including:

• Driver’s Name
• Driver’s License Number
• Contact Information

Having these details is vital for any future legal proceedings or insurance claims. Ensure you obtain accurate and complete information to prevent any complications down the line.

3. Seek Immediate Medical Attention

Your health and well-being are paramount. Whether you call 911 or visit a healthcare professional, getting prompt medical treatment is essential. Additionally, keep all related paperwork, such as:

• Receipts
• Medical Bills
• Medical Records

These documents are critical when claiming compensation for your injuries and related expenses.

4. Document the Accident Scene

Taking photos and videos can provide invaluable evidence. Capture images of:

• Vehicle Damages
• Your Injuries
• The Overall Accident Scene

Visual evidence can help clarify the circumstances of the accident and support your compensation claims.

5. Consult a Las Vegas Car Accident Lawyer

Engaging a knowledgeable car accident attorney can significantly enhance your chances of receiving fair compensation. Bring a copy of your auto insurance policy to your consultation, allowing your lawyer to assess your coverage and advise you effectively.

Frequently Asked Questions (FAQ)

Q: What if the uninsured driver flees the scene?

A: If the other driver leaves the scene, immediately contact the police and provide as much information as possible, such as the vehicle’s make, model, color, and license plate number. Witnesses can also offer valuable information.

Q: How can a lawyer help me in this situation?

A: A car accident lawyer can guide you through the legal process, negotiate with insurance companies, and ensure that you receive the compensation you deserve. They can also help gather necessary evidence and represent your interests in court if needed.

Q: What compensation can I receive from an uninsured or underinsured motorist?

A: Compensation may cover medical expenses, lost wages, pain and suffering, and property damage. The exact amount depends on the specifics of your case and the extent of your injuries.

Contact an Underinsured and Uninsured Motorist Coverage Lawyer at Heidari Law Group

If you are looking for more information on coverage for underinsured and uninsured motorists or would like a free case evaluation, call us today at Heidari Law Group, we have a long history of handling cases of this type throughout the US. attorneys work on a contingency fee basis, which means you do not have to pay any of our attorneys upfront until your case has been settled or you have won a trial.

The thought of trying to seek compensation after being injured and also disputing liability with an insurance company may seem overwhelming, or even unnecessary, but you deserve to be compensated for the other person’s negligence. Call us for a free consultation with a Las Vegas underinsured and uninsured motorist coverage attorney.