If an uninsured driver hits you in Nevada, your own auto policy usually becomes the main source of payment. Uninsured motorist (UM) coverage pays for your injuries up to its limit. The at-fault driver stays personally liable, but collecting from a person with no insurance is often difficult.
Stephen A. Nwogbe, the founder of Nwogbe Law Group, spent the early part of his career as a defense attorney for insurance companies in Las Vegas. This guide explains where the money can come from and how insurers handle these claims.
Nevada requires insurance, and some drivers go without it
NRS 485.185 requires every driver to carry liability insurance of at least $25,000 for injury to one person, $50,000 for two or more people, and $20,000 for property damage. The DMV verifies coverage electronically through its Nevada LIVE system, and it states that a lapse of even one day can lead to a registration suspension. Drivers still let policies lapse, and others drive cars that were never insured.
Where the money can come from
1. Your uninsured motorist coverage
Under NRS 690B.020, an auto liability policy issued in Nevada must include uninsured vehicle coverage unless the named insured rejects it in writing. The coverage must at least match the state’s minimum bodily injury limits. NRS 687B.145 also requires insurers to offer it in an amount equal to the bodily injury limits you buy.
Check the declarations page of your policy for a line marked UM or UM/UIM. If it shows no coverage, ask your insurer for a copy of the rejection you signed.
UM coverage pays the damages you are legally entitled to recover from the uninsured driver, up to your limit. It covers bodily injury. It also follows you as a person, so it can apply when a car hits you on foot or on a bike. Our bicycle accident lawyer practice handles those claims.
2. Other coverage on your own policy
- Medical payments coverage. Nevada insurers must offer it to passenger car owners, with a minimum of $1,000. It pays medical bills without regard to fault.
- Collision coverage. This pays to repair or replace your car, less your deductible.
- Health insurance. It can pay for treatment while the UM claim is pending.
3. The uninsured driver
You can sue the driver, and a court can enter a judgment. Collection then depends on the driver’s income and assets. A person who could not keep a minimum policy in force often lacks the means to pay a serious injury claim. A lawsuit can still make sense when the driver was working for an employer or driving a vehicle owned by someone else. If your insurer pays a UM claim, NRS 690B.020 entitles it to the proceeds of any recovery from the driver, up to the amount it paid.
How a UM claim works
- Call the police from the scene and get the report number.
- Get medical care, and tell each provider the injuries came from a crash.
- Notify your own insurer promptly. Policies set notice requirements.
- Confirm that the other driver has no coverage. Your insurer or attorney does this through the driver’s information and the police report.
- Document your losses with medical records, bills, and proof of missed work.
- Present the claim to your insurer and negotiate. A dispute over fault or value may go to litigation.
Your own insurer can dispute the claim
In a UM claim, your insurer takes the place of the driver who hit you. It can argue that you were partly at fault, and it can dispute how badly you were hurt. Nevada’s comparative negligence rule (NRS 41.141) applies as it would against the other driver, so any share of fault assigned to you reduces the payment.
Your policy requires you to cooperate with your insurer. That duty does not stop the company from questioning the value of your claim. Read our post on what not to say to insurance adjusters before you give a recorded statement.
Hit-and-run crashes
A hit-and-run vehicle is treated as uninsured under NRS 690B.020 when the driver is unknown or cannot be found. The statute sets two conditions:
- The injury must result from physical contact between the other vehicle and you or the vehicle you occupied.
- The crash must be reported to the city police, the county sheriff, or the Nevada Highway Patrol within the time Nevada law requires.
A crash without contact, such as a car that forces you off the road and keeps going, is harder to bring under this coverage. Call 911 from the scene, even if the other car is gone. Photograph the damage and any paint transfer, and look for cameras on nearby buildings. Our post on why photos can matter after an accident lists what to capture.
When the driver has insurance, but too little
A driver with the $25,000 minimum is insured, yet a hospital stay can exceed that amount. Underinsured motorist (UIM) coverage applies to the gap. Under NRS 687B.145, it pays the damages that exceed the other driver’s bodily injury limits, up to your own limit. Have a car accident lawyer in Las Vegas review both policies before you accept the other driver’s limit, because a settlement signed without your insurer’s consent can put the UIM claim at risk.
Mistakes that weaken the claim
- Leaving the scene without a police report
- Accepting cash from the other driver in place of a claim
- Waiting weeks to see a doctor
- Giving your insurer a recorded statement before you understand your coverage
- Assuming a low first offer is the limit of what the policy pays
Deadlines
The deadline to sue the at-fault driver for injuries is generally two years in Nevada (NRS 11.190(4)(e)). A UM or UIM claim arises under your insurance contract, so its timing rules are different and depend partly on the policy. Give notice early and have the policy reviewed.
Frequently asked questions
1) Will my rates go up if I make an uninsured motorist claim?
NRS 687B.385 bars an insurer from cancelling, refusing to renew, or increasing the renewal premium on a motor vehicle policy because of claims in which the insured was not at fault.
2) Does UM coverage pay for my car?
The uninsured vehicle coverage required by NRS 690B.020 is for bodily injury. Vehicle damage is usually paid through collision coverage or a separate property damage endorsement, if you bought one.
3) What if I rejected UM coverage?
You can still use medical payments coverage, collision coverage, and health insurance, and you can pursue the driver directly. Ask your insurer for the signed rejection, because the law requires it to be in writing.
4) Am I covered if I was a passenger?
Often, yes. A passenger may be covered under the UM coverage on the vehicle they were riding in, under their own auto policy, or under both, subject to each policy’s terms.
5) What happens to the uninsured driver?
The driver faces DMV penalties for the insurance lapse, which the DMV says can include reinstatement fees, fines, and an SR-22 requirement. The driver also remains personally liable for your damages.
Conclusion
An uninsured driver does not leave you without a claim. Your own policy is usually where recovery begins, and the terms of that policy decide how much is available.
Nwogbe Law Group offers free consultations 24 hours a day and charges no fee unless there is a recovery. The firm takes calls and texts at 702.508.7243. You can also contact our Las Vegas office and bring your declarations page.
