When you get into a car accident, the goal is to get your car, financial situation, and wellbeing back to the way it was before. That’s the reason we all have insurance. In a typical situation, your insurance company and the other driver’s insurance negotiate an agreed settlement. But what happens when the other driver is uninsured or underinsured? Well, the process becomes very complicated very quickly.
Uninsured Motorist Coverage
The state of Nevada requires insurance companies to offer uninsured motorist coverage. However, the state does not require drivers to have it. Uninsured motorist coverage is an add-on policy that pays for medical bills. Without this coverage, you won’t be able to make a claim or receive compensation for your injuries if you are hit by a hit-and-run driver or someone who does not have sufficient liability limits to compensate you for your injuries.
There are two types of uninsured motorist coverage: uninsured and underinsured. Sometimes they are both included in a price package, while other times they are sold separately. These policies normally cover the following:
- Uninsured motorist bodily injury. This pays for your medical bills if you’re injured in a car accident caused by an uninsured driver.
- Underinsured motorist bodily injury. This pays for your medical bills and pain and suffering if you are struck by someone who has small or insufficient liability limits which would not compensate you fully for your injuries.
If you get into an accident with an uninsured driver, it’s important that you file a report to your insurance company as soon as possible. If the person tells you they don’t have insurance, you will be filing an uninsured motorist claim. Be sure to also gather evidence and file a police report as documentation is key.
Your insurance can’t recover damages if the driver doesn’t have coverage. The only way to receive payment would be if your insurance decides to sue the driver. If this does happen, your insurance will take care of that part.
If you are struck by a hit-and-run driver, an uninsured driver, or a driver with inadequate coverage, and you are injured, your best option would be to file a personal injury claim against the other party. Dimopoulos Injury Law will gladly help you move forward with your case so you can get the compensation you deserve!
Uninsured Motorist and Bodily Injury Coverage generally sounds like a health insurance policy. If you’re injured in a car accident, your bills are paid for. The difference is that health insurance doesn’t cover lost wages and pain and suffering; it only covers medical treatment. If you have both types of insurance, you can combine them to make your payments less expensive. Uninsured Motorist Coverage protects you from having to pay your health insurance copays. This is especially helpful in the event that you need long-term healthcare. It will offset any deductibles from your health insurance.
Filing an Uninsured Driver’s Claim
When you file an uninsured driver’s claim, you must realize that you’re filing against your own insurance company. Remember, they can’t recover damages from a policy the other driver doesn’t have. Your own insurance has to pay for the damages you sustained from the other driver. In a normal accident, where both drivers have insurance, they can negotiate and reach a proper settlement.
In an uninsured or underinsured driver’s claim, you are filing a claim with your own insurance company, which has a duty to you to step “into the shoes” of the uninsured or underinsured driver and pay for those damages. Depending on your insurance coverage, you may have to go through arbitration. This is where both parties appear for a hearing and present their cases to an arbitrator. The arbitrator is the judge of your case and once they make a decision, that outcome has little room for appeal.
Filing a Personal Injury Lawsuit
In a tort (at-fault) state like Nevada, you may wish to take legal action against the uninsured or underinsured motorist. This can force them to pay for your medical bills and property damages. You normally want to file a lawsuit if you don’t have uninsured motorist coverage or if you want the driver to pay for the remaining balance of your owed compensation.
There is a strategic method to filing a lawsuit. It’s very likely the uninsured person doesn’t have the money to pay for your damages. Dimopoulos Injury Law has the resources to research their assets and find ways to ensure you receive compensation for your pain and suffering. We will discuss the best course of action for you and your unique situation.
If we find that the defendant has assets, we can file a lien on their property. This freezes their assets during the lawsuit, so they won’t be able to sell until after a judgment is made. When they sell their property, the proceeds will go to you. We can also have the court set up a payment plan so you can receive payment on a weekly or monthly basis. There are options available to you. Even if your insurance tells you there isn’t a way to receive your due compensation, Dimopoulos Injury Law will ensure you’re taken care of.
Dimopoulos Injury Law works on a contingency basis. This means that you don’t pay anything unless we win your case. A lawsuit is very stressful and demands time. We will ease that stress by giving you the best result possible. We have years of experience in holding others accountable for their wrongdoing. Call or email us today for more information on how you can get your entitled compensation.