What to do if the At-Fault Motorist in a Car Accident is Uninsured
Auto Accident Attorney in Las Vegas, NV
When you are the victim of an auto accident and you know the other driver is at fault. You already know that with the help of a personal injury attorney in Las Vegas, Nevada that you’ll receive the compensation you deserve for your injuries.
This is accomplished through the at-fault motorist’s insurance, which covers the losses of the victim after the case. But what if you wind up in an auto accident and the other driver either doesn’t have insurance or the policy limits of the insurance that they have doesn’t cover your losses? A great many attorneys won’t think it’s even worth it to file a personal injury lawsuit against someone who’s uninsured unless they have significant personal assets. This is especially unfair given that you’re basically suffering for the actions of someone else. That said, if you run into this conundrum what can you do?
The best thing you can do is utilize your UIM (uninsured motorist) coverage which you can bring into play by making an uninsured motorist claim. A case with an underinsured motorist claim takes longer to form and you have to file it as soon as possible. As soon as your personal injury attorney in Las Vegas, Nevada determines that motorist either has no insurance or that the case is worth more than what the motorist’s insurance will cover, that’s when you need to make the UIM claim. And this is considering the fact that most insurance companies have deadlines to file these claims.
As the claim progresses, one important thing to note is that if you and your insurance company cannot agree on an amount then you can’t file a lawsuit against the company.
If you can’t agree, then you need to submit the claim to binding arbitration, which is less formal than a trial, but still very much like one. Between 1 and 3 arbitrators will hear the case, see the evidence and decide the winner of the case, after which you either win or lose. Though know that if you lose, while you have a few rights of appeal, you’re basically stuck with the decision they make.