If you’ve been involved in a Las Vegas car accident, you know just how much heartache it can cause. Even if you and the other party only have minor injuries or no injuries at all, the legal implications can be huge, depending on many factors.
Unfortunately, as a Las Vegas injury lawyer would tell you, approximately 10% of drivers on Nevada’s roads either do not have car insurance at all or have legally inadequate insurance per state law. Due to COVID-19-related job losses, this number is likely even higher than it was when this data was last analyzed.
Car Accidents With Uninsured Drivers
As we regularly say, you should never leave the scene of an accident until you have called the police, ensured that a report was made, and been medically evaluated. This is so crucial that all parties’ insurance information is collected at the scene by police. If an “under the table” deal is made between parties, you forfeit many legal rights and sometimes even violate terms you agreed with your insurance company!
If the other driver has no insurance, the only way you would find out is by police looking up their insurance status. Of course, legal implications vary significantly between a scenario where you do not have insurance and other parties do; you do have insurance, but other parties do not, and the unfortunate scenario of both parties not having insurance.
If You Don’t Have insurance
If you are the uninsured driver in the scenario, remember that the process of determining fault will still occur per Nevada state law. Although driving without car insurance is not legal in Nevada, all hope is not lost in this situation. You would still be able to contact a Las Vegas personal injury law firm to assess your ability to recover from another at fault driver.
Nonetheless, if you are caught driving without insurance, you are much worse off if you leave the scene than if you stay. In most cases, this would be considered a “hit and run,” which is a felony with significant legal penalties.
If the Other Party Has No Insurance
If the other party to the accident is underinsured or uninsured, the police will record this. While this issue will be dealt with strictly between the state and the individual, this information could be used as part of a personal injury suit.
When another driver has no insurance, you are able to make an uninsured motorist, or UIM, claim against your own policy if you have purchased such coverage. Such coverage protects you in the event someone hits you and does not have any insurance.
If Both Parties Have No Insurance
This can be one of the trickiest and most tenuous situations as far as a Las Vegas car accident goes. Everyone would be tempted to leave the scene of an accident if they were uninsured. If the other party leaves, you should not. Even if it feels like you are “calling the cops on yourself,” remember that in the end, it’s the other driver who will face worse consequences. You also will be able to get medical treatment and a potential wealth of evidence you can use in court.
It would help if you did not attempt to make an informal agreement with the other driver. Chances are that someone will suggest it at some point, so it is best to already be firmly against making such an agreement. Even if you are not caught without insurance, you can still be financially ruined in the long run, which is possibly the riskiest approach to the situation.
It is tough to maintain perspective on the incident as it occurs due to the rush of adrenaline. Still, it would help if you tried to remember that every Las Vegas injury lawyer has seen this situation happen many times. The adage that honesty is always best certainly applies in this situation.
Las Vegas Car Accidents
If you have been involved in an accident and received either an underpayment from an insurance company or no payment from an insurance company, you shouldn’t settle for anything less than what you’re owed.
As an experienced Las Vegas personal injury law firm, The Schnitzer Law Firm is here for you around the clock. Accidents happen all the time, so our agents are here all the time. You have many options for contacting us, including our chatbox, our contact page, our email address of Contact@TheSchnitzerLawFirm.com, and simply calling us at 702-960-4050.