Getting into a car accident is stressful enough. Finding out the person who caused it doesn’t have insurance can make the situation feel even more complicated.
If you’re hit by an uninsured driver in Nevada, you may still have options for covering your injuries and other losses. The biggest question is often what coverage is available through your own auto insurance policy, including uninsured motorist coverage, Medical Payments coverage, and collision coverage.
Here’s what Nevada drivers should know.
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What Does It Mean When a Driver Is Uninsured?
An uninsured driver is someone who does not have liability insurance available to cover an accident they caused.
Nevada requires drivers to maintain minimum liability coverage of:
- $25,000 for bodily injury or death of one person
- $50,000 for bodily injury or death of two or more people in one accident
- $20,000 for property damage
These minimums are commonly referred to as 25/50/20.
Unfortunately, requiring insurance doesn’t mean every driver on the road actually has it. That’s where your own insurance coverage can become especially important.
It’s also helpful to understand the difference between an uninsured and an underinsured driver. An uninsured driver has no applicable liability insurance, while an underinsured driver has insurance but may not have enough coverage to fully compensate you for a covered loss.
What Happens If You’re Hit by an Uninsured Driver in Nevada?
If you’re hit by an uninsured driver, there may not be a liability insurance policy on the other side of the accident to cover your injuries.
That doesn’t necessarily mean you have nowhere else to turn.
Depending on your policy and the circumstances of the accident, coverage through your own insurance company may apply. The first step is understanding exactly what coverage you purchased rather than relying only on the insurance card in your glovebox.
Check Whether You Have UM/UIM Coverage
Uninsured/underinsured motorist coverage, usually shortened to UM/UIM, is designed for situations where an at-fault driver either doesn’t have liability insurance or doesn’t have enough insurance to cover the loss.
Nevada does not require drivers to purchase UM/UIM coverage. However, Nevada law requires insurers to offer uninsured and underinsured motorist coverage in connection with qualifying auto policies. Drivers can reject the coverage or select available limits.
If you’re hit by an uninsured driver and purchased UM/UIM coverage, it may provide an important source of coverage for bodily injuries.
Your declarations page is one of the best places to start when determining whether UM/UIM coverage is part of your policy and what limits apply.
Look at Other Coverage on Your Policy
UM/UIM isn’t the only coverage worth checking after an accident with an uninsured driver.
Depending on what you purchased, your policy could also include:
Medical Payments coverage (MedPay): MedPay can help pay reasonable and necessary medical expenses resulting from an auto accident, regardless of who was at fault. Nevada insurers must offer MedPay coverage, but drivers aren’t required to purchase it.
Collision coverage: Collision coverage can help pay for damage to your vehicle resulting from a collision, subject to your policy’s terms and deductible.
This distinction matters because standard uninsured/underinsured motorist coverage in Nevada does not pay for damage to your vehicle.
That means someone who has UM/UIM coverage shouldn’t automatically assume that coverage will take care of both their injuries and their damaged car.
Can You Still Make a Claim Against the Uninsured Driver?
A driver’s lack of insurance does not necessarily eliminate their potential legal responsibility for causing an accident.
However, establishing that someone is legally responsible and actually recovering compensation from that individual are two different issues.
That’s one reason it’s important to investigate all potential sources of insurance and coverage after a serious accident rather than assuming there are no options as soon as you learn the other driver is uninsured.
What Does Uninsured Motorist Coverage Pay for in Nevada?
Uninsured motorist coverage is primarily designed to protect people who suffer bodily injuries because of an at-fault driver who does not have applicable liability insurance.
Exactly what an individual policy covers will depend on its terms, exclusions, and coverage limits.
According to the Nevada Division of Insurance, UM/UIM coverage can protect you and your passengers when an at-fault driver has no insurance or does not have enough insurance to pay for the loss.
One important limitation is worth repeating: UM/UIM coverage does not pay for damage to your motor vehicle.
For vehicle repairs or replacement after a collision, other coverage, such as collision coverage, may be relevant.
What If You Don’t Have Uninsured Motorist Coverage?
If you’re hit by an uninsured driver and discover that you declined UM/UIM coverage, the situation can become more complicated.
Your options may be more limited, but that doesn’t mean you should immediately assume there is no possible recovery.
Depending on the accident, questions worth investigating can include:
- Whether another insurance policy applies to the at-fault driver or vehicle
- Whether you have MedPay or collision coverage through your own policy
- Whether the at-fault driver may be personally liable
- Whether another person or entity could share responsibility for the accident
Every accident is different. The existence of another potential source of compensation depends on the actual facts of the crash, so there isn’t a universal backup source of insurance simply because one driver was uninsured.
What Should You Do After an Accident With an Uninsured Driver?
If you’re hit by an uninsured driver, you may not actually know they are uninsured while you’re still at the accident scene. In many cases, insurance issues aren’t clear until after information has been exchanged and a claim has been reported.
After a crash:
- Call law enforcement when appropriate. A police report can help document the people, vehicles, and circumstances involved in the accident.
- Exchange and document information. Get the other driver’s name, contact information, driver’s license information, license plate, and any insurance information they provide.
- Photograph the scene. Take pictures of the vehicles, damage, roadway, traffic signals or signs, visible injuries, and other relevant conditions if you can safely do so.
- Seek medical attention when needed. Your health should come first, particularly if you’re experiencing pain or other symptoms after the crash.
- Report the accident to your insurance company. The insurer can identify which coverages are included in your policy and begin evaluating the claim.
- Save your records. Keep medical bills, repair estimates, insurance correspondence, photographs, receipts, and other documents related to the accident together.
If you’re unsure what else to do after a collision, our guide to What to Do After a Car Accident in Las Vegas walks through the process in more detail.
How Long Do You Have to Take Legal Action in Nevada?
Nevada generally has a two-year statute of limitations for personal injury actions based on another person’s wrongful act or negligence.
That does not mean every accident-related deadline is automatically two years. Different claims and circumstances can involve different deadlines, and insurance policies may also impose requirements for reporting or pursuing claims.
Waiting can also make an accident more difficult to investigate as evidence disappears, memories fade, and records become harder to locate.
If you were injured in a crash, it’s important to understand which deadlines apply to your specific situation rather than relying solely on a general rule.
FAQs About Being Hit by an Uninsured Driver in Nevada
What happens if the person who hit me doesn’t have insurance?
If you’re hit by an uninsured driver, you may need to look to your own policy for applicable coverage. UM/UIM coverage may apply to bodily injuries if you purchased it. MedPay and collision coverage may also be relevant depending on your policy and the type of loss.
Is uninsured motorist coverage required in Nevada?
No. Nevada drivers are not required to purchase uninsured/underinsured motorist coverage. However, insurers are required to offer UM/UIM coverage under Nevada law, and policyholders can reject or select available coverage.
Does uninsured motorist coverage pay for my car in Nevada?
Standard UM/UIM coverage does not pay for damage to your vehicle in Nevada. Collision coverage may help cover vehicle damage after a crash, depending on the coverage you purchased, your deductible, and the terms of your policy.
Can I sue an uninsured driver in Nevada?
An uninsured driver can still potentially be legally responsible for an accident they caused. Whether pursuing the individual directly is practical—and whether compensation can actually be recovered—depends on the circumstances.
Does UM/UIM coverage apply to hit-and-run accidents?
Uninsured motorist coverage may apply in certain hit-and-run situations. Whether a particular accident qualifies depends on Nevada law and the terms and conditions of the applicable insurance policy.
What if the other driver has insurance, but it isn’t enough?
That’s where underinsured motorist coverage, or UIM, may become relevant. UIM coverage is intended for situations where an at-fault driver’s liability insurance isn’t sufficient to cover the loss, subject to the applicable policy and coverage limits.
Injured by an Uninsured Driver in Las Vegas?
If you’ve been hit by an uninsured driver in Las Vegas, figuring out what insurance coverage is available can be one of the most important next steps. The next step is figuring out what coverage actually exists and how it applies to your situation.
Hale Injury Law helps people injured in car accidents in Las Vegas and throughout Nevada understand their options after a crash, including accidents involving uninsured and underinsured drivers.
If you’ve been injured in an accident and aren’t sure where to turn, contact Hale Injury Law to discuss your situation.
This article is for general informational purposes only and is not legal advice. Every case is different, and past results do not guarantee future outcomes.
