Detailed Answer
When you face injury losses that exceed a shared insurance policy limit in Nevada, you can still recover the remainder from each at-fault party. Nevada law lets you pursue individual defendants for damages beyond the exhausted limit.
1. Understand Joint and Several Liability for Economic Damages
Under Nevada Revised Statutes section NRS 41.141, defendants are jointly liable for economic damages (medical bills, lost wages). You may collect the full amount of economic damages from any single defendant, regardless of their share of fault. That defendant can then seek contribution from co-defendants under NRS 17.225.
2. Seek Non-Economic Damages Based on Fault Percentage
Non-economic damages (pain and suffering) are apportioned by each defendant’s percentage of fault under NRS 41.1415. You can only recover the share corresponding to each party’s liability.
3. Use Underinsured Motorist Coverage
If a motorist’s policy limit falls short, you can tap your own underinsured motorist (UIM) coverage. Nevada law requires insurers to offer UIM coverage under NRS 687B.145. UIM coverage pays the gap between the at-fault driver’s limit and your total damages, up to your policy’s UIM limit.
4. Obtain and Enforce a Judgment
Win a judgment specifying damages against each defendant. If any defendant lacks insurance or assets, you can record the judgment and seek enforcement (wage garnishment, bank levies, liens). Nevada rules on enforcement appear in NRS Chapter 21.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for advice on your situation.
Helpful Hints
- Request policy declarations early to check limits.
- Demand itemized damages to separate economic vs. non-economic losses.
- Ask your attorney about contribution actions among co-defendants.
- Review your own UIM policy and verify coverage limits.
- Consider liens from medical providers or Medicaid before settlement.