FAQ: What happens when an at fault drive doesn’t have enough insurance to cover my injuries?

Posted by Darius F. Rafie | Jun 14, 2012 | 0 Comments

Often, clients are entitled to compensation for amounts that exceed the insurance limits of the driver that caused the accident. For example, a client could have medical bills, lost
wages, pain and suffering, or other damages that warrants compensation of$80,000.00, but the person who caused the accident has only $50,000.00 of insurance. One of the
ways to obtain a full recovery is to collect from our client's own insurance company on the uninsured/underinsured driver's coverage. If our client has such coverage (which
must be offered pursuant to Nevada law), we will we work to recover under our client's policy.

Sometimes our client's are concerned that by making a claim under their uninsured/under insured driver's coverage, their insurance company will raise their
premiums. However, Nevada statute (NRS 687B.385) states that “An insurer shall not cancel, refuse to renew or increase the premium for renewal of a policy of motor vehicle
insurance covering private passenger cars or commercial vehicles as a result of any claims made under the policy with respect to which the insured was not at fault.” Thus, if
you have such coverage, you can rest assured that if you make a claim, Nevada law says the insurance company is not allowed to raise your premiums when you are not at fault.

About the Author

Darius F. Rafie

Born in Las Vegas, Nevada, 1967; admitted to Nevada Bar 1997; admitted to Utah Bar 1996;  admitted to practice in the United States District Court. Education: Brigham Young University (B.A., Political Science, 1990); Widener University School of Law (J.D., 1995).  Member, Nevada Trial Lawyer's Association and American Bar Association; The State Bar of Nevada; and The State Bar of Utah.  Practice Areas: Medical Malpractice,Personal Injury (Auto Accidents, Premises Liability, Wrongful Death), Bad Faith Insurance Claims, Business and Commercial Transactions, Business Litigation, Product Defects, Insurance Defense, Products Liability Defense, Real Property Litigation and Transactions, Contract Law, Mechanic's Liens, Construction Law and Statutory Storage Lien Law.

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