Can I File a Car Accident Claim if I Don’t Have Insurance?

by Gina Corena

posted in Las Vegas Car Accident Attorney on December 27, 2021

Can I File a Car Accident Claim if I Don’t Have Insurance?

Car accidents are devastating. The damage to your vehicle can be extensive. In some cases, your car may be considered “totaled,” leaving you without any transportation. Car accident victims can suffer a  your license. A person may sustain minor injuries, like bruises and lacerations. In other cases, an accident victim may suffer serious or catastrophic injuries, like traumatic brain injuries or permanent paralysis from spinal cord damage.

Automobile traffic collisions can cause a tremendous amount of anxiety and stress. Vehicles will need to be repaired or replaced entirely. Hospital stays, surgery, and rehabilitation can become expensive very quickly. Most car accident victims depend on their insurance to help them through these difficult situations. However, an automobile collision can be financially ruinous for the few Nevada residents living without car insurance.

What Are the Insurance Requirements in Nevada?

States have different insurance requirements across the country. Nevada requires all drivers to carry insurance. According to the Department of Motor Vehicle for the State, the minimum coverage permitted for a passenger car is:

  • Liability of at least $25,000 for bodily injury or death of one person
  • $50,000 for bodily injury or death of two or more persons
  • $20,000 for bodily injury or destruction of property of others

Automobile drivers are not required to carry comprehensive, collision, or other types of coverage. However, it should be noted that liability is subject to Nevada’s LIVE verification. The program regularly keeps track of every vehicle’s insurance coverage registered in the state. 

Other mandatory measures include reporting any changes in policy information to the DMV using the online update tool, including:

  • If the insurance company changed names
  • If your policy number changes
  • If the effective and termination dates change

Keep in mind, Nevada does not have a grace period. If you do not have insurance, your registration will be suspended whether you were uninsured for the day or the week. The minimum reinstatement fee penalty is $251.

How Many Drivers in Nevada Do Not Have Insurance?

Uninsured drivers have been a problem in the state for years. In the last reporting year, the Department of Motor Vehicles estimates that the state has 1.9 million drivers and 2.5 million registered automobiles.

According to the Insurance Research Council:

  • 1 in 8 motorists on Nevada’s roads drive without insurance
  • Nationally, the estimated rate of uninsured drivers is 12.6%
  • Insured drivers paid more than $13 billion for uninsured and underinsured motorist coverage

If you are among those uninsured and you have suffered injuries and property damage in a car accident, the following questions will determine your eligibility to file a claim:

  • Does the other driver have insurance?
  • Was the other driver at fault for the car accident?
  • Were you found to be partially at fault?

If the answer is yes to one or more of the above questions, you may be able to recover the funds you need to get yourself back on the road and help with any medical expenses you have endured.

What is Las Vegas, Nevada’s Shared Fault Rule and How Will it Affect My Claim?

Nevada’s shared fault rule, also known as modified comparative negligence, will significantly affect your claim. Modified comparative negligence states that you must be less than 50% responsible for your own injuries and property damage to recover damages in a car accident claim. 

In some cases, car accidents result from the actions of more than one person. When you are found to be partially responsible for the collision, but most of the fault lies with the other party, it is reflected in terms of percentages. 

For example, suppose a driver is speeding ten miles over the speed limit down the street. A second motorist is lost and decides to perform an illegal U-turn without looking, causing a serious car crash. 

The second motorist caused the accident and may be found to be 85% at fault. However, the first driver was excessively speeding. Since speed contributed to the severity of the car accident, they are found to be 15% at fault. 

When the first driver files a claim to recover damages for their injuries and property, they are only entitled to a percentage of the damages: 

The total amount of damages – (percentage of fault) = Total recoverable damages, or 

$100,000 – (15% of 100,000) = $85,000 

In this case, if the damages amount to $100,000, then the first driver will be able to collect the full compensation less his percentage of fault for the accident, or $85,000.

If you are uninsured and the other driver is at fault, you can recover damages through their insurance. If you are partially at fault, you are still entitled to seek damages if your liability percentage is below 50%.

Not having adequate coverage does not prohibit you from recovering damages after an accident. However, you may be subject to state penalties if you are uninsured.

Nevada’s penalties for driving without insurance include:

  • First Offense:
    • Depending on how long you have been without insurance, you must pay a fine between $250 and $1,000
    • Your vehicle may potentially be impounded
    • A $250 fee for reinstatement
  • Second Offense:
    • The fine increases from $500 up to $1,000
    • The reinstatement fee also increases to $500
  • Third Offense:
    • The fine stays the same, $500-$1,000
    • However, your license will be suspended for 90 days
    • The reinstatement fee is $500

It can be challenging to navigate the complex legal system when you are in a car accident. Whether or not you are insured, if you have been injured and sustained damage to your vehicle, file a claim through the at-fault party’s insurance to help cover the costs of medical bills and property loss.

Contact Our Car Accident Lawyers in Las Vegas, Nevada for a Free Consultation Today

Car accidents can cause serious injuries and extensive damage to your vehicle. If you do not have car insurance and have recently been injured in an automobile accident, you may be able to file a claim. If the other driver is at fault for the collision and has insurance, you can try and recover the costs of the accident through their insurance.

Consult our exceptional legal team at Gina Corena & Associates today and schedule a free evaluation of your case by calling (702) 680-1111.

 

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