Car Accidents Without Insurance in Nevada

Clarifying Nevada’s Minimum Car Insurance Requirements

All drivers must meet Nevada’s minimum car insurance requirements by having coverage that includes:

• $25,000 in bodily injury per person.
• $50,000 in bodily injury per accident.
• $20,000 in property damage.

You can purchase higher coverage limits above the minimum coverage amounts, which is recommended in case you are at fault for a crash to ensure you have sufficient coverage. You may also need collision and comprehensive coverage if you lease your vehicle or have a car loan.

Other optional insurance you should have is:

• UM/UIM (uninsured/underinsured motorist): This provides coverage for accidents where the at-fault driver is uninsured or underinsured. 
• MedPay (medical payments): This covers medical expenses for you and any passengers in your vehicle who are injured, regardless of who is at fault.   

Penalties for Not Having Minimum Car Insurance in Nevada

Even allowing your car insurance in Nevada to lapse for one day can result in various penalties in Nevada, if you are caught driving uninsured, including:

• Reinstatement fees: These fees range from $250 to $750, depending on the offense.
• Fines: Fines range from $0 to $1,000, depending on the duration of the lapse. 
• Suspensions: Both your vehicle registration and driver’s license could be suspended until you provide proof of insurance.
• SR-22 Certificate: You must file an SR-22 Certificate of Financial Responsibility, showing you have minimum coverage.
• Higher insurance rates: Your rates will increase because you will be classified as a high-risk driver.
• Civil lawsuits: If you are at fault for a car crash without insurance, the victim can sue you for their medical expense, property damage, and other losses. 

Nevada Car Accidents With No Insurance

In some ways, when one or both drivers in a car accident lack insurance, the process is no different than when the parties have the required insurance. In other ways, it’s different, and the operator or owner of the uninsured vehicle faces fines and other penalties. What happens exactly depends on whether you’re the one without insurance and who is at fault for the accident.

If You Have Insurance and the Other Party Is at Fault

When the other party doesn’t have insurance, and you’re not at fault for the accident, you can still bring a claim against the at-fault driver. You begin by looking at the other party’s assets for recovery. 

They would pay for your damages through their insurance policy if they had insurance. However, since they don’t have insurance, that’s not an option. Still, you may be able to recover from their personal assets. You may file a claim against the responsible party and then use the legal process to find their assets and collect the judgment in your favor.

You should also review your own insurance policy to see what coverage you have. If you have UM/UIM and MedPay coverage, you can file a claim against your own insurance for payments up to your coverage limits. You can also sue the at-fault driver for any additional losses not covered by your policy. 

Additionally, after your insurance policy pays you for an uninsured or underinsured motorist claim, the insurer can do something called subrogation. During subrogation, your insurance provider takes steps to recover their payment to you from the person responsible for the accident.

If You Have Insurance and You’re at Fault

If you’re the one with insurance, and you’re at fault for the accident, the fact that the other driver isn’t insured shouldn’t have any bearing on the claim. They may still bring a claim against you. However, your liability insurance should cover the damages against you up to your policy limit.

If You Don’t Have Insurance and the Other Party Is at Fault

When you don’t have insurance, and the other party is at fault for the accident, you can still bring a claim against them. You can collect for your damages as you would if you had the required insurance. However, you’re still subject to proceedings that relate to the fact that you drove a vehicle without insurance.

Nevada law 485.187(1)(a) says that operating a vehicle without insurance is illegal. Nevada law 485.187(2) states that allowing someone else to operate your car without insurance is illegal. You must present proof of insurance to a police officer who requests it.

Driving without insurance in Nevada is a misdemeanor. The fine for a first offense ranges from $0 for 30 days or less and up to $1,000 for 181+ days without insurance, plus a $250 reinstatement fee. Fines alone can be as high as $1,000 for subsequent offenses, with reinstatement fees increasing $250 for each subsequent offense.

If you present evidence to the court that you had insurance in effect at the time of the accident, the court must find you not guilty and waive the fines and fees. The Department of Motor Vehicles may start a process to suspend your driver’s license unless you get insurance or make a monetary deposit with the DMV. You also have a right to a hearing about the suspension of your license, but you must request the hearing within 15 days.

If You Don’t Have Insurance and You’re at Fault for the Accident

If you cause an accident and don’t have insurance, you’re personally liable for 100% of the other party’s damages. While an insurance company might have stepped in to pay the damages, you must pay the other driver out-of-pocket because you don’t have insurance. You can’t avoid liability because you didn’t get insurance.

The other side may bring a lawsuit against you and seize your assets for compensation. You should aggressively minimize your legal liability if you’re accused of causing an accident without insurance. You also have a right to contest liability in the case.

In addition to civil damages, you also face a misdemeanor charge and driver’s license suspension proceedings. You have a right to a hearing on all matters against you. If you fail to respond to the charges, you face a default suspension of your driver’s license.

What Happens If Your Insurance Lapses in Nevada?

If your insurance lapses in Nevada, you can’t register a motor vehicle. If you drive without car insurance, you violate Nevada law 485.187. When an accident involves an uninsured person, the Nevada Department of Motor Vehicles suspends the driver’s license of the owner of the uninsured vehicle, the driver, or both.

What Happens If You Crash, and You’re Not on the Insurance?

It depends on whether you had the vehicle owner’s permission to drive the vehicle. With their permission, their insurance would cover the damages. However, anything above their coverage limits would be your personal liability to pay out of pocket. 

If you crash and are not on the insurance, and did not have the owner’s permission, you may face criminal and civil penalties. When you’re at fault for the crash, the other party may file a claim against you personally for compensation. In cases where the accident is the other driver’s fault, you may still bring a legal claim against them and their insurance policy, just like you would if you had insurance.

What Happens When Your Auto Insurance Lapses?

When your auto insurance lapses, you don’t have coverage if you’re in an accident. You may be personally liable for the resulting damages if an accident occurs. Additionally, if you’re driving in a state that requires you to have insurance, you face a criminal charge that likely includes a monetary fine and other penalties.

Why You Should Get Help With an Uninsured/Underinsured Accident Claim

Dealing with a car crash is complicated enough when both parties have insurance. When the at-fault driver is uninsured or underinsured, things become even more complex. You may need to file against your insurance, their insurance if they are underinsured, then your insurance, and even sue them for the difference. It is vital to know which order to file in to protect your legal interests and ensure proper payment for your losses. 

Regardless of what insurance company is paying the claim, they will be quick to settle with minimal payouts if you do not have help from a car accident attorney. Having a lawyer ensures you do not become a victim of insurance company tactics and low payouts while securing a favorable settlement. 

Furthermore, you could miss claiming compensation for losses you are entitled to or face difficulties if you need to pursue legal action against the at-fault driver. 

Some of the benefits of getting legal representation for your car accident injury claim include:

• Honest legal advice
• Free consultation
• No upfront legal fees
• You only pay legal fees if your lawyer wins
• Dedicated lawyer and legal team representing your interests
• Detailed investigation and evidence gathering
• Handles all claims and negotiations with the insurance companies
• Knows when to sue the at-fault party and go after their assets
• Provides peace of mind 
• Ensures maximum compensation
• Allows you to focus on healing and recovery

Steps To Take After an Accident With an Uninsured/Underinsured Driver

• Step one: Check for injuries and call 911 to request medical treatment and the police, even if the other person is insistent on not reporting the accident. 
• Step two: Gather evidence by taking pictures and videos of the accident scene, vehicle damages, personal injuries, and surroundings. Obtain contact details for any witnesses.
• Step three: Nevada law requires all drivers to exchange information, including names, addresses, vehicle information (make, model, year, and VIN number), driver’s license numbers, insurance details, and license plate numbers. Even when someone doesn’t have insurance, they must provide all other details. 
• Step four: Request the police report number, so you can obtain a copy later.
• Step five: Seek medical care and treatment as soon as possible. Not all injuries will be apparent immediately following a crash and may not become noticeable for a day or two.
• Step six: Schedule a free consultation with a lawyer experienced in uninsured/underinsured injury claims before speaking to the insurance companies.
• Step seven: Have your attorney file your insurance claim with the insurance companies and sue the other driver if they have substantial assets and you have hit your coverage limits. 

If you are seriously injured, take care of your medical needs first and foremost, and do not worry about not being able to complete any of these steps. Your lawyer will be able to assist you later in gathering the necessary evidence needed to secure a favorable settlement. 

Contact Our Experienced Attorneys for Car Accidents Without Insurance in Las Vegas

Have you been in a car accident? Did you or another party lack the required insurance? We can help. At Adam S. Kutner, Injury Attorneys, we will help you reach the best possible result in your case, regardless of the circumstances. Contact us today for a confidential, no-obligation conversation about your claim.