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Can I File an Auto Injury Claim Without Insurance in Nevada if I’m Not at Fault?

A surprisingly large number of drivers in Nevada do not carry auto insurance, even though it is required by state law. If you get into a car accident in Nevada, there’s about a 10% chance that the other driver will not have an insurance policy that covers them in case they are liable for causing the accident.

So what does this mean if you are in an accident with an uninsured driver in Nevada? Here’s what you need to know from your Las Vegas personal injury lawyer.

Auto injury claim in Nevada

What Happens in a Nevada Car Accident if a Driver is Uninsured?

After a car accident when one or more drivers is uninsured, some parts of the process will be the same as when all involved drivers carry the legally required insurance policy. However, the owner or driver of the uninsured vehicle is at risk of fines and other consequences for violating Nevada’s requirement to carry an insurance policy on their vehicle.

What if I am Insured & the At-Fault Party Does not have Insurance?

After any car accident, police officers, your Nevada car accident attorney, and any involved insurance adjusters will investigate the situation to determine which party is at-fault for the accident and therefore liable for the damage and injuries of the other drivers. If you’ve been hit by a driver who was uninsured and is determined to be liable for the accident, you can still bring a claim against the at-fault driver.

Unfortunately, this process can be more complicated than when the at-fault driver is insured, so you’ll want to have an experienced lawyer on your side to provide guidance and representation for the best possible outcome. Your attorney can help you file a claim against the liable party to initiate the legal process of collecting judgments in your favor. The court will start by looking at the at-fault driver’s assets. They may even order the seizure of the at-fault uninsured driver’s assets in order to pay back some of your damages. The uninsured driver may be ordered to make regular payments to you for a specified period of time.

If you’ve been injured by an uninsured driver, you can also look at your own insurance policy. Many auto insurance companies offer uninsured motorist coverage, which enables you to receive compensation from your own insurance policy in case you are injured by an uninsured driver who cannot fully compensate you for your damages. Once you’ve been paid by your own insurance for an uninsured motorist claim, your insurance may attempt to recover some of their losses from the uninsured driver who was responsible in a process called subrogation.

Infographic that shows what happens if you carry insurance and you are at fault

What if you Carry Insurance & You’re at Fault?

If an insured driver is at fault for an accident with an uninsured driver, they may still bring a claim against you to recover their own damages. Your insurance should cover the uninsured driver’s claims up to your policy limit. Contact your Las Vegas car accident lawyer to learn more about what can happen in this kind of situation.

Filing an auto injury claim in Las Vegas, NV

What are the Consequences of Driving Without Insurance?

Choosing to drive a vehicle without the state required insurance is a serious matter. All drivers at the scene of an accident will be asked to provide proof of insurance to the police officer(s) who respond. If a driver does not carry insurance, they are guilty of a misdemeanor and can be fined $100 for a first offense or up to $1000 for a subsequent offense. Additionally, the Department of Motor Vehicles may initiate the process of driver’s license suspension, which can make it difficult to get to work or school.

If you’ve been injured in an accident that was caused by an uninsured driver, you have legal options. Get in touch with an experienced lawyer for a case review and to discuss your next steps.

Contact an Experienced Car Accident Lawyer in Las Vegas

If you’ve been in an accident that was caused by an uninsured driver, you may be wondering how your damages and injuries can be covered, but the good news is that there are ways to obtain compensation for your damages. The trusted attorneys at Benson & Bingham Accident Injury Lawyers, LLC, are ready to help you explore your legal options and provide guidance on your next steps. Let us help you reach the best possible outcome of your car accident in Nevada. Contact our office today to schedule your confidential, obligation-free case review.


Summerlin Location

11441 Allerton Park Dr #100
Las Vegas, NV 89135

Phone: 702-684-6900

Fax: 702-382-9798

Downtown Location

626 S 10th St
Las Vegas, NV 89101

Phone: 702-382-9797

Fax: 702-382-9798

Henderson Location

9230 S Eastern Ave #155
Las Vegas, NV 89123

Phone: 702-463-2900

Fax: 702-382-9798

Reno Location

1320 E Plumb Lane Ste A
Reno, NV 89502

Phone: 775-600-6000

Fax: 702-382-9798

Nevada Personal Injury Attorney

Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys

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