What Are My Options for Compensation If the Other Driver Is Uninsured?
You were hit, you weren’t at fault, and then you learn this: the other driver isn’t insured. And Nevada law says they should be. Now you’re probably wondering: “How do I actually get paid?”
You’re not stuck. You’ve got options. And knowing them makes all the difference. At Mainor Ellis Injury Lawyers, we can explore your options after an accident with an uninsured driver to ensure you’re fairly compensated for your injuries and losses.
You Could Use Your Own Uninsured Motorist (UM/UIM) Insurance
Your first option for compensation is your own policy. If you carry Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage (which many policyholders in Nevada do) you can claim compensation under your own insurance. That typically includes medical bills, lost wages, and even pain and suffering.
Nevada mandates that insurers offer UM/UIM coverage at state minimums ($25,000 per person and $50,000 per accident for bodily injury), but you can reject it in writing. If you didn’t decline, that coverage should be available to you.
You Could Use Other Parts of Your Insurance Policy
Your own policy might include other helpful provisions:
- Collision or Comprehensive Coverage, which covers vehicle damage even when the other driver is uninsured.
- Medical Payments (MedPay), which helps with medical costs regardless of fault.
- Personal Injury Protection (PIP), which covers medical bills, lost wages, and related expenses, again regardless of who caused the crash.
These help get you back on your feet without touching the at-fault party. Given that more than 11% of Nevada motorists do not have any insurance coverage, having these protections as part of your own insurance policy would be a smart strategy.
You Could Sue the Uninsured Driver Personally
Yes, you can sue. Having no insurance doesn’t shield the at-fault driver from being held personally responsible for the damages.
You’re still within your rights to file a personal injury lawsuit and seek damages, which includes pain, medical bills, vehicle repair, and even emotional distress. But proceed with caution: uninsured drivers often lack assets, limiting what a judgment could actually recover.
Before litigating, your attorney can investigate the driver’s assets like bank accounts, property, paychecks. If enough exists and it makes sense to proceed, your Las Vegas uninsured motorist accident lawyer will file liens or secure asset claims.
Filing Third-Party or Owner-Based Liability Claims & Compensation in Hit-and-Run Scenarios
Sometimes, liability can shift:
- If the uninsured driver was driving someone else’s car, that vehicle’s owner might carry insurance that covers the crash (think rental cars or company-owned vehicles).
- If the uninsured driver was on the job at the time, their employer could be vicariously liable under respondeat superior.
This avenue can sometimes open insurance pools you didn’t know existed.
Did the uninsured driver flee the scene? Nevada bills them as an uninsured motorist. If your own UM/UIM coverage applies, you can claim compensation even without identifying the at-fault driver, so long as your policy terms let you.
Let’s Fight for the Compensation You Deserve
Was the other driver uninsured? Yes, you still have ways to get paid. At Mainor Ellis Injury Lawyers, we fight smart to get you what you deserve without settling for crumbs. Contact our attorneys today for a free strategy session. We’ll map your options, protect your claim, and pursue compensation even when the other party can’t pay. Call at 702-450-5000 to get started.
Source:
iii.org/fact-statistic/facts-statistics-uninsured-motorists
