Getting in a car wreck that was someone else’s fault can be one of the most distressing moments of your life. To make matters worse, you could be the one left to clean up the mess if the responsible driver did not have insurance.
All is not lost if you find yourself in this situation, and experienced attorneys at David Boehrer Law Firm have experience dealing with uninsured/underinsured car accidents in Henderson. A knowledgeable car wreck lawyer could guide you through your legal options and provide representation for your claim.
After an accident, the usual procedure is to exchange insurance information so the policy of the at-fault driver can pay for the damages. Under Nevada law, every driver must have insurance, and it is considered illegal to operate a motor vehicle without it. Unfortunately, some drivers do not have insurance, or their policies do not provide enough to cover the damage they cause. In these cases, the driver who was not at fault could go through their own insurance to cover the costs.
Insurance companies typically offer uninsured/underinsured motorist coverage as an extra benefit. This kicks in to cover damages in the event the at-fault driver does not have insurance. For example, if the insured driver is involved in an accident through no fault of their own that causes $50,000 worth of damage, their uninsured motor vehicle coverage could step in and pay the costs. This could also apply if the at-fault driver’s insurance does not cover the full cost—the underinsured coverage can provide the remaining amount. However, uninsured/underinsured motor vehicle coverage is not one of the minimums required by law for car insurance; it is simply a bonus option that motorists could purchase.
While it is generally a good idea to purchase this type of coverage, some drivers may decide not to take the option. If those drivers end up in a vehicle crash with another driver who does not have insurance or enough coverage, they could go through the legal process with the help of a skilled Henderson lawyer to collect payment from the at-fault driver.
The purpose of insurance is to protect drivers from having to pay the costs for damages if they are at fault for causing an accident. Instead, the insurance company pays for the damages according to the policy. Without insurance, the at-fault driver is personally liable to pay for the damage they caused.
For example, if you get hit by another car but do not have uninsured motor vehicle coverage, and the at-fault driver does not have insurance, you may be able to file a claim against the at-fault driver and collect the costs. This involves filing the claim in court and convincing a judge that the other driver was at fault and caused $50,000 worth of damage. If the judge agrees, they enter a judgment stating that the at-fault driver owes $50,000, which then allows you to collect on the at-fault driver’s personal assets to satisfy the amount owed.
This is a lengthy and complicated process that should be used only as a last resort. A Henderson attorney with experience in car wrecks where one driver has no insurance could provide advice and guidance on all available options.
Despite the requirements under the law, there are still many uninsured drivers, and unfortunately, if something occurs, it is the insured drivers who must pick up the slack. If you have been hurt in an uninsured/underinsured car accident in Henderson, reach out to the David Boehrer Law Firm for help.
A devoted lawyer from our firm could help you understand your options and help you file a claim to collect what you are owed. Contact us to schedule a consultation today.
