Nevada is an at-fault state for car accidents. Under this system, you make a claim for damages against the driver who caused the crash. When drivers do not have auto insurance, you have to pay out of pocket unless your personal auto policy includes uninsured motorist/underinsured motorist (UM/UIM) coverage. Without it, injury attorneys in Nevada would have almost no options for recovering money for you. An exception could be if the negligent driver has personal assets that you could target with a lawsuit, but someone who does not buy auto insurance probably has meager personal wealth.
One in 10 Drivers Has No Insurance in Nevada
As of 2019, the Insurance Information Institute ranked Nevada 32nd in the United States for uninsured motorists, with an estimated 10.4% of drivers lacking insurance. The number of uninsured motorists in the state is relatively low compared to other states but still very concerning.
This reality motivates most people to buy UM/UIM coverage. State law instructs auto insurers to offer the coverage, and many agents encourage people to buy it due to the probability of a collision with an uninsured motorist. If you decline the coverage, you must sign a form acknowledging your decision. People may do this to save money, but UM/UIM does not cost very much compared to the risk.
The Threat of Underinsured Drivers
About 90% of Nevada drivers have insurance at any given time, but will their coverage pay for all of your damages? Maybe not.
Nevada personal injury attorneys representing car accident victims sometimes encounter insurance policies with only the state minimum liability coverage.
Auto insurers in the state must issue policies providing at least:
- $25,000 bodily injury per person
- $50,000 bodily injury per accident
- $20,000 property damage
As you can imagine, $25,000 for a single injured person might not be enough to pay for prolonged medical care or disability. After you have exhausted the funds available from the at-fault driver’s minimum liability coverage, you can turn to your personal auto policy with a UIM claim.
Because dealing with two insurance companies will be complicated, injured people often choose to work with car accident lawyers in Las Vegas. An accident claim against one policy and a UIM claim on your policy will require proving your case to two companies. Nevada personal injury attorneys assist people with negotiating these settlements and arguing cases in court when necessary.
What Does UM/UIM Pay for?
To collect on your UM/UIM coverage, you cannot be at fault for the accident. If the fault remains an open question, you may wish to consult a car accident lawyer in Nevada, and a lawyer might counteract unreasonable accusations of fault.
Should you qualify after being hit by an uninsured motorist, you can pursue compensation for bodily injury and property damage.
Bodily injury coverage, up to policy limits, will be a source of funds for:
- Medical bills
- Lost income
- Future lost earning capacity
- Pain and suffering
The property damage portion of your UM coverage can pay for vehicle repair or replacement costs up to policy limits.
If an underinsured motorist caused your accident, the at-fault driver’s insurance pays for your damages. Once that policy reaches its limit, you then seek payment for bodily injury and/or property damage from your own UIM coverage.
For a simple example, say you have $50,000 in bodily injury costs and $30,000 in property damage for $80,000. You could potentially collect a total of $25,000 for bodily injury and $20,000 for property damage from the at-fault driver. However, that only covers $45,000 of your losses. Your UIM policy should then activate and compensate you for the remaining $35,000.
How UM/UIM Supplements Your Health Insurance
In the immediate aftermath of a motor vehicle accident, your healthcare providers will likely bill your own health insurance, and this coverage might come from your employer or Medicare.
Having a health plan will speed up your access to care. Medical providers will want to bill the coverage most immediately available instead of waiting for auto insurance coverage.
Even if you have good medical coverage, do not make the mistake of thinking that you can skip buying UM/UIM on your auto policy. Without UM/UIM, you will be stuck with bills for:
- Property damage
- High deductible and co-pays
Services not covered by your health insurance
Also, health insurance does not compensate you for pain, suffering, or lost income. These could be substantial amounts, and a car accident lawyer in Nevada may help you access UM/UIM coverage funds.
Don’t Assume Your Auto Insurer Won’t Dispute Your Claim
Because you paid for UM/UIM, you may assume that your insurer will readily approve your claim. Insurers love to market themselves as “being there for you,” but they will go into a penny-pinching mode when you file a claim.
An insurer might dispute what you say happened. For this reason, you must proceed carefully when reporting an accident to your own insurer and filing a claim. This is not a “customer is always right” situation. Victims with car accident lawyers in Las Vegas often have them manage conversations with insurers because they can be technical and tricky.
Highly Qualified Car Accident Lawyer in Nevada
At Lach Injury Law, you can get an honest assessment of your insurance coverage. We can help you coordinate a UIM claim or investigate your accident if fault is disputed. We work to alleviate the burden of arguing with an insurer when you are burdened by pain and financial stress. We exclusively represent accident cases and know how to navigate insurance and legal bureaucracies. We are ready to listen during a free consultation. Contact us today.