When you’re in a car accident and discover the other driver has no insurance, it can feel overwhelming. You may wonder: Can I sue an uninsured driver?
If you live in Nevada, the answer is yes, but there are several factors that influence the process and possible outcomes. This article will break down your rights, relevant Nevada laws, real case examples, and a step-by-step guide for what to do if you’re considering legal action against an uninsured driver.
Nevada’s Laws on Uninsured Drivers and Your Rights as a Victim
In Nevada, liability insurance is required by law. Every driver must carry a minimum insurance policy that covers damages for bodily injury and property damage if they are found at fault in an accident. However, many drivers still take the risk of driving uninsured, which puts others at risk financially and physically. If you’re in an accident with an uninsured driver, it’s important to understand your rights to ensure you’re not left shouldering the costs alone.
Nevada’s laws offer some protection to accident victims through uninsured and underinsured motorist coverage(UIM). Although this coverage is optional, many drivers choose it to protect themselves against uninsured drivers. This type of coverage can help cover medical expenses, lost wages, and other damages if the other driver lacks sufficient insurance or has none at all.
What is Uninsured Motorist (UIM) Coverage, and Why Is It Important?
Uninsured motorist coverage (UIM) is a type of insurance you can add to your car insurance policy. UIM coverage is specifically designed to protect you in cases where the other driver has no insurance or insufficient insurance to cover the damages. It can be crucial for situations involving uninsured drivers and often includes:
Bodily Injury Coverage:
This covers your medical expenses, lost wages, and pain and suffering due to injuries from the accident. For example, if you are injured in a car accident with an uninsured driver, your UIM policy may help cover hospital bills and rehabilitation costs.
Property Damage:
Some UIM policies also cover the cost of vehicle repairs or replacement if the other drivercannot pay for damages to your car. This can save you from significant out-of-pocket expenses.
If you have uninsured motorist coverage, filing an uninsured motorist claim may allow you to recover damages without directly suing the other driver. This is often a more straightforward and quicker way to seek compensation. You should contact your own insurance company as soon as possible to learn more about your policy and start the claims process.
Can You Sue an Uninsured Driver Directly?
Yes, you can file a lawsuit against an uninsured driver in Nevada, but whether this is the best route depends on the circumstances. While legal action can potentially lead to compensation for your damages, there are some practical challenges:
Ability to Pay:
If the uninsured driver does not have substantial assets or a steady income, collecting on a judgment may be difficult. Even if you win the lawsuit, enforcing the court’s judgment could prove challenging, as the uninsured driver might lack the resources to pay.
Cost and Time of Litigation:
Suing can be time-consuming and costly. Consulting an experienced car accident lawyer can help you assess whether suing the uninsured driver is worthwhile in your case.
For example, in Smith v. Jones (Nevada, 2021), the accident victim sued the uninsured driver and won. However, they were only able to collect part of the awarded damages after garnishing wages over several years.
Real-Life Cases Where Accident Victims Sued Uninsured Drivers
Here are a few notable Nevada cases that highlight different outcomes for victims suing uninsured drivers:
Gomez v. Torres (Nevada, 2018): After being hit by an uninsured driver, Ms. Gomez sued for damages to cover her medical expenses and pain and suffering. The court awarded her $50,000. However, collection was challenging as the defendant had limited assets.
Evans v. Mitchell (Nevada, 2020): In this case, the plaintiff was awarded $75,000 for extensive car accident injuries after successfully suing an uninsured driver. Mr. Evans was able to secure part of the payment through a lien on the defendant’s property.
These cases show that while it’s possible to recover damages, outcomes vary depending on the uninsured driver’s financial situation.
Types of Damages You May Be Entitled to in a Lawsuit Against an Uninsured Driver
If you choose to sue an uninsured driver, here are the types of damages you might seek:
Medical Expenses: Compensation for injuries sustained, including costs for hospital stays, surgeries, physical therapy, and medication.
Example: In Taylor v. Williams (California, 2019), Ms. Taylor was awarded $150,000 for her medical expenses following a severe accident caused by an uninsured driver. Her compensation covered multiple surgeries, an extended hospital stay, and long-term physical therapy.
Similarly, in Garcia v. Morales (Arizona, 2016), Mr. Garcia, a cyclist struck by an uninsured driver, was awarded $250,000 in medical expenses for surgeries, brain injury treatment, and extended rehabilitation.
Lost Wages: Compensation for income lost due to missed work because of car accident injuries.
Example: In Nguyen v. Ramos (Texas, 2020), Mr. Nguyen was unable to work due to back injuries sustained from an uninsured driver collision. The court awarded him $30,000 to cover lost wages from missed work, accounting for the impact of his injuries on his income.
In Johnson v. Peterson (Florida, 2018), Ms. Johnson was awarded $90,000 for lost wages after a collision with an uninsured driver prevented her from returning to her job for several months.
Pain and Suffering: Non-economic damages that cover the emotional distress, trauma, and impact on quality of life following the accident.
In Liu v. Jenkins (Nevada, 2017), Ms. Liu was awarded $80,000 for pain and suffering. Her neck and spinal injuries from a rear-end accident caused ongoing discomfort and limited her mobility, warranting this significant compensation for her trauma and lifestyle changes.
In Johnson v. Peterson, the court awarded $150,000 for pain and suffering, recognizing the severe impact of Ms. Johnson’s injuries on her overall well-being and daily life.
Future Medical Care: If injuries require ongoing treatment or rehabilitation, you may be eligible for future medical expenses.
In Taylor v. Williams, Ms. Taylor’s future medical care needs were also accounted for within her $150,000 compensation package. Her settlement included anticipated future treatment costs for ongoing physical therapy to manage pain from her injuries.
In Garcia v. Morales, Mr. Garcia’s compensation covered extended rehabilitation costs, acknowledging his need for ongoing treatment due to his brain injury and fractured leg.
Property Damage: Coverage for the cost to repair or replace your vehicle if it was damaged in the accident.
Discussing these damages with a car accident lawyer can help you understand what to include in your lawsuit.
How an Experienced Car Accident Lawyer Can Assist You
Hiring an experienced car accident lawyer can make a significant difference in pursuing compensation from an uninsured driver. A skilled attorney can:
Investigate the Accident Scene: Lawyers can gather evidence, interview witnesses, and examine accident reports to build a strong case.
Negotiate with Your Insurance Company: If you’re filing an uninsured motorist claim, a lawyer can help ensure that your insurance company handles the claim fairly and pays the maximum compensation possible.
Represent You in Court: If you decide to sue the other driver, an attorney can guide you through the litigation process and work to secure a favorable judgment on your behalf.
Filing an Uninsured Motorist Claim with Your Own Insurance
If the other driver is uninsured, filing a claim under your uninsured motorist coverage may be the most practical option. Here’s how to go about it:
Contact Your Insurance Company: Start by notifying your insurer about the accident and discuss the insurance options available to you.
Gather Documentation: Include the police report, medical records, photos of the accident, and any other relevant documentation.
Track All Expenses: Keep records of your medical expenses, lost wages, and any vehicle repairs to support your insurance claim.
Consult Your Lawyer: If the insurance company resists paying out your uninsured motorist claim, a lawyer can advocate for you and, if necessary, take legal action to hold the insurance company accountable.
Steps to Take at the Accident Scene When Dealing with an Uninsured Driver
Here are immediate steps to take if you’re in a car accident involving an uninsured driver:
Document the Scene: Take photographs and videos of the accident, including both vehicles and any visible damages.
Obtain Witness Information: Collect contact information from any witnesses who may be able to testify about the accident.
File a Police Report: This is essential for documenting the details and establishing the facts, which will be crucial for your case.
Contact Your Insurance Company: Inform them of the accident and ask about uninsured motorist claims options.
Holding the Insurance Company Accountable in Uninsured Driver Cases
Your insurance company has a duty to handle your uninsured motorist claim in good faith, meaning they should evaluate and pay valid claims without unnecessary delay. However, if your insurer denies your claim unfairly, an attorney can help hold your insurance company accountable for failing to meet their obligations. This may involve filing a lawsuit against the insurer if they violate Nevada’s insurance regulations.
Know Your Rights and Available Options
Dealing with accidents involving uninsured drivers can be complex, but understanding your rights under Nevada law can help you navigate the situation effectively. Whether you pursue a lawsuit against the uninsured driver or file an uninsured motorist claim through your own insurance company, you have options to recover your losses.
In conclusion, an accident with an uninsured driver doesn’t mean you have to bear the financial burden alone. Working with an experienced car accident lawyer and understanding Nevada’s laws can help ensure that you receive the compensation you deserve.
If you’ve been in an accident with an uninsured driver, don’t navigate this process alone.
Contact Bourassa Law Group today for a free consultation to discuss your options and get the support you need. We’re here to help you move forward with confidence.
1-800-870-8910