Car Accidents and Uninsured Motorist Insurance (UM) in Las Vegas, Nevada
Car Accident Claims - UM / UIM
Getting injured in a car accident can be a devastating experience. Often you have to put your life on hold while recuperating from your injuries. Plus you can count on receiving tons of medical bills and deal with the long-term effect of your injuries.
We get many e-mails from Las Vegas residents asking how car insurance works in cases, when the at-fault driver does not have insurance or doesn’t have enough insurance to cover the claim / damage.
While each car accident is different and without knowing the specifics, it is hard to give any recommendations, here are some general rules that can apply when the at-fault driver is an Uninsured Motorist or an Underinsured Motorist.
To speak with a car accident attorney directly call us at 702-432-1000. We don’t charge for a consultation.
Uninsured Motorist Coverage Definition
Whether you are a driver, passenger, or pedestrian injured in a car accident, and the at-fault driver does not have insurance or doesn’t have enough insurance to cover the claim - you may collect from your own insurance if you have Uninsured Motorist coverage (UM in short). The Uninsured Motorist coverage is an additional coverage you must purchase from your insurance company. The cost of this coverage is usually under $5.00 per month and will protect you and all your passengers, if you are hit by an under-insured person, a person with no insurance, or a hit-and-run driver.
Is Uninsured Motorist Coverage Part of Every Policy?
Not every car insurance policy has Uninsured Motorist (UM) coverage. You have to select this coverage at the time the insurance is purchased and there is a limit / maximum amount that the UM part of your insurance will cover.
Uninsured Motorist Policy Limit
In Nevada, insurance companies are obligated to pay up to their contractual limit for your injuries.
It is important to note, if you got in a car accident in Las Vegas and there is no insurance to go after, then you may not have any way to collect.
Three Parts of Uninsured Motorist Insurance
Uninsured Motorist insurance has three parts and you must select all of them when you purchase your car insurance or you will not be covered:
- Uninsured Motorist or Uninsured Motorist Bodily Injury insurance (UM or UMBI)
- Underinsured Motorist insurance (UIM)
- Uninsured Motorist Property Damage insurance (UMPD)
In Nevada, Uninsured Motorist (UM) insurance will pay only up to the policy limit for medical bills, lost wages, and pain and suffering.
Uninsured Motorist Property Damage insurance (UMPD)
The UMPD or Uninsured Motorist Property Damage insurance covers the cost of your damaged or totally destroyed vehicle caused by the car that is not insured. The Uninsured Motorist Property Damage insurance doesn't cover the cost of the damaged house, building, road sign, or a billboard.
Note: if you have full coverage - you have the Uninsured Motorist Property Damage insurance.
Are the Pedestrians Covered by the Uninsured Motorist Insurance?
The UM part of car insurance covers the driver and all passengers in a car.
If you are a pedestrian injured in a car accident and the at-fault driver did not have liability insurance – you may be out of luck. There are a few exceptions from this rule.
If you are a pedestrian injured in a car crush and you want to know what your options are, call us at 702-432-1000.
Before Filing an Uninsured Motorist Claim
Uninsured Motorist and Underinsured Motorist policies kick in when the at-fault person lacks car insurance.
In cases like this, in order to collect compensation your attorney has to prove that:
- It was an accident caused by another person’s negligence, and
- The at-fault driver indeed did not have insurance or the insurance was not enough to pay for medical bills, lost wages, and pain and suffering.
This is why if you are in a car accident, it is crucial to get the insurance information from the other driver or, in case of the multi-vehicle accident, all drivers involved.
Issues with Car Accident Claims
Suing the Driver. Most car accident cases are settled out of court, but if you cannot settle - you have to sue the at-fault driver in a civil court.
Policy Limit. The adverse or at-fault driver has a contract with his insurance company. The contract is that he pays a monthly premium and, if he gets sued, then the insurance company will protect him up to the policy limit. In most cases, the policy limit is the maximum amount that the attorney can recover and it is usually enough to compensate the injured parties for medical bills.
Bad Insurance Policy. If the adverse driver has bad insurance or a low limit insurance policy, then there may not be enough money to pay for your lost wages, and pain and suffering.
Low Offers. Cheap insurance companies often do not want to settle your case for a fair value. They will give you low offers and even force you to go to court. A trial can take a long time, and there is no guarantee that you will get compensated for your medical bills, lost wages, and pain and suffering.
How We Can Help
If you are injured in a car, truck or semi-truck accident and you are worried the at-fault driver does not have good insurance, you need the best car accident attorney to represent you. We invite you to contact us at 702-432-1000 and make an appointment with a car accident attorney who has experience in handling uninsured motorist claims.
The attorneys at Heshmati & Associates take all car accident claims on a contingency basis, which means – you don’t have to pay unless the case is settled and insurance company pays the claim.
Our clients live in Las Vegas, Henderson, North Las Vegas, Summerlin South, Boulder City, Clark County and throughout the surrounding areas of Nevada.