Visitor Question

At-fault drivers’ insurance limits don’t even cover my lost wages?

Submitted By: Orsburn (Las Vegas, Nevada)

I was in two auto accidents on 11/04/2015 and 12/09/2015.

I was T-boned in the first and Rear-ended in the second.

I underwent extensive injection therapy and an eventual Cervical Laminectomy of C5-6. I had lost wages of approximately $13,500/month for approximately 4 months, and after returning to work I’ve been unable to work secondary to pain resulting from the accidents.

The drivers of the other two vehicles have since settled the claim for their insurance policy limits, which did not even cover lost wages. Can I write a demand letter to my own insurer for an underinsured motorist claim? Is there any other avenue I can take to get compensation for my treatment and lost wages? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Orsburn,

Presuming you had uninsured/underinsured motorist (UIM) coverage in place at the time of one or both accidents, you can file a claim with your own insurance company.

Nevada law requires drivers to purchase uninsured/underinsured motorist coverage with limits equal to the bodily injury liability coverage listed on the drivers’ declarations pages, unless the driver expressly rejects the coverage or selects the limits less than your bodily injury liability coverage limits.

The lowest limit UIM coverage allowed by Nevada law is $15,000 per person/$30,000 per accident.

In addition to, or instead of, pursuing a claim under your uninsured/underinsured motorist coverage, you can pursue the driver(s) personally, whether through an out-of-court settlement, or if necessary, a lawsuit. It would be wise to consult with a personal injury attorney in your area to determine the viability of this course of action.

You can also consider filing a small claims court lawsuit in Las Vegas Justice Court. However, the maximum jurisdictional amount a plaintiff can sue for in Las Vegas Justice Courts is $10,000.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: May 31, 2016

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