In Nevada, you do not need to have automobile insurance to file a claim against another driver for causing your crash. However, your lack of insurance could result in legal repercussions and trouble collecting the financial compensation you need. If you get involved in an accident where you or the other driver is uninsured, you may need help from a Las Vegas car accident attorney to achieve a fair recovery.
How Does Nevada’s Fault Law Work?
Like most states, Nevada uses a fault-based insurance law to determine who is responsible for paying for an automobile accident. Under this rule, the person or party responsible for causing the crash is required to pay. This is in contrast to no-fault states, where drivers seek financial compensation from their own insurance providers, regardless of fault. Because of Nevada’s fault law, you are still able to file an insurance claim even if you don’t have car insurance, as long as the other driver is responsible for causing the crash. In this situation, you can contact the other driver’s car insurance provider to file your claim and receive payment for your medical bills and property damage under the driver’s required liability coverage.
When Can I File a Personal Injury Lawsuit?
You also do not need to have insurance to file a personal injury lawsuit against someone in Las Vegas after a harmful car accident. If you have grounds to sue a person or party for causing or significantly contributing to your crash, whether or not you have car insurance yourself will be irrelevant. You will need to prove using evidence that the other driver or a third party caused the accident to win your lawsuit. Available evidence may include a police report, photos and videos, witness statements, and cell phone records. A successful lawsuit means the defendant or accused party will be responsible for paying for your losses in the form of a judgment award. The defendant could pay through his or her own insurance policy or out of pocket, depending on the circumstances.
Consequences of Not Having Car Insurance in Nevada
While you retain the right to file an injury claim without insurance, your lack of coverage could have a negative impact on your financial recovery. Motor vehicle drivers in Nevada are only required to carry $25,000 per person and $50,000 per accident for bodily injury and $20,000 for property damage. If you have serious injuries that exceed these amounts, your own insurance would typically have provided supplemental coverage. Without this insurance available, you will only be eligible for compensation up to the limits on the defendant’s policy. This could limit your recovery and stick you with out-of-pocket costs. When your car accident is reported to the police, you may also face repercussions for breaking Nevada’s laws by driving without insurance. This is a misdemeanor that could result in a $100 fine for a first offense, up to $1,000 if you are a repeat offender. In addition, you may have your driver’s license suspended until you can show proof of insurance.
What to Do If You Get Into an Accident Without Insurance
If you get involved in an automobile accident where you and/or the other driver does not have insurance, the best thing you can do is to contact a car accident lawyer for advice and assistance. Representation from a lawyer can help you maximize your financial recovery as much as possible based on the insurance policies available. Your lawyer will explore all of your options, including filing a lawsuit for fair compensation.