Being hit by a driver who does not have insurance can make an already stressful car accident even more complicated. But the other driver’s lack of insurance does not necessarily mean you have no options for recovering compensation.
If you’re hit by an uninsured driver in Nevada, potential sources of recovery may include your own uninsured motorist (UM) coverage, Medical Payments coverage for certain medical expenses, collision coverage for damage to your vehicle, or a claim against the at-fault driver or another responsible party, depending on the circumstances and the coverage available.
Nevada requires drivers to carry liability insurance, but uninsured and underinsured motorist coverage is optional. Nevada law generally requires auto insurers to offer UM/UIM coverage when selling qualifying motor vehicle policies, giving drivers the option to purchase protection for bodily injuries caused by drivers who have no insurance or insufficient insurance. NRS 687B.145 governs these offers and important aspects of UM/UIM coverage.
Below, we’ll explain Nevada’s current insurance requirements, how UM/UIM and other coverages may apply, and what options you may have after an accident with an uninsured or underinsured driver.
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What are Nevada’s Insurance Coverage Minimums?
Nevada requires owners of registered vehicles to continuously maintain liability insurance. Under NRS 485.185, the current minimum liability limits are:
- $25,000 for bodily injury or death of one person in one crash
- $50,000 for bodily injury or death of two or more people in one crash
- $20,000 for damage to another person’s property in one crash
These limits are commonly written as 25/50/20.
Liability insurance is designed to pay for injuries or property damage the insured driver is legally responsible for causing to others. It does not necessarily cover the insured driver’s own injuries or damage to their own vehicle. The Nevada Division of Insurance also notes that drivers can purchase liability limits above Nevada’s required minimums.
Even when a driver has the legally required insurance, minimum liability limits may not be enough to cover all of the losses resulting from a serious accident. For example, Nevada requires only $25,000 in bodily injury liability coverage for one injured person. Medical expenses and other losses following a significant injury can exceed that amount.
This is where the distinction between an uninsured driver and an underinsured driver becomes important. An uninsured driver may have no applicable liability insurance, while an underinsured driver may have insurance that is insufficient to cover the damages resulting from the crash.
Depending on the policy and circumstances, uninsured/underinsured motorist coverage may provide another potential source of recovery when the at-fault driver’s insurance is nonexistent or insufficient.
Liability insurance coverage
Liability insurance generally applies when an insured driver is legally responsible for causing an accident. It can pay for bodily injuries and property damage suffered by other people, up to the applicable policy limits. The Nevada Division of Insurance explains that liability coverage protects against losses you are responsible for causing; it does not pay for your own injuries or damage to your own vehicle.
After a crash caused by another driver, that driver’s liability insurance is often an important potential source of compensation. But if the at-fault driver has no applicable liability insurance, there may be no liability policy available to pay the claim.
That does not necessarily mean there are no other options. Depending on the circumstances and the coverages you purchased, your own uninsured motorist coverage may apply to bodily injuries caused by an uninsured driver. Other coverage, such as collision or Medical Payments coverage, may also become relevant for different types of losses.
Collision insurance coverage
Collision coverage helps pay for damage to your own vehicle resulting from a collision, regardless of who caused the accident. According to the Nevada Division of Insurance, collision coverage may pay to repair your vehicle or provide a monetary payment for the covered loss.
Collision coverage can be particularly important after an accident with an uninsured driver. If the at-fault driver has no applicable property damage liability insurance, your own collision coverage may provide a way to address damage to your vehicle, subject to your policy terms, coverage limits, and deductible.
Unlike liability insurance, collision coverage is not required by Nevada law. Drivers who purchase it typically choose a deductible, which is the portion of a covered loss they are responsible for before insurance pays the remaining covered amount.
If your vehicle is declared a total loss, the amount payable will depend on the terms of your policy and the vehicle’s value. If you disagree with an insurer’s valuation or handling of a property damage claim, review the valuation documents and policy carefully and ask the insurer to explain how it calculated the amount offered.
Comprehensive insurance coverage
Comprehensive coverage protects your vehicle against certain losses that are not caused by a collision. According to the Nevada Division of Insurance, this can include theft, vandalism, fire, flood, falling objects, and wind damage.
Like collision coverage, comprehensive coverage is optional under Nevada law and generally includes a deductible.
Comprehensive coverage usually is not the coverage that applies when another driver crashes into your vehicle. In that situation, collision coverage or the at-fault driver’s property damage liability coverage may be more relevant, depending on the circumstances and available insurance.
UM/UIM coverage
Uninsured motorist (UM) coverage may help when you are injured by a driver who has no applicable liability insurance, while underinsured motorist (UIM) coverage may apply when the at-fault driver’s available liability insurance is not enough to cover your damages. Nevada law requires insurers to offer UM/UIM bodily injury coverage, but drivers can reject the coverage or select different limits as permitted by NRS 687B.145.
Whether UM/UIM applies depends on the coverage you purchased and the circumstances of the accident. To learn more about how this coverage works, what it may cover, and how to check your policy, read our guide to uninsured and underinsured motorist coverage in Nevada.
Medical payments (MedPay) coverage
Medical Payments coverage, commonly called MedPay, can help pay certain medical expenses for you and your passengers after an accident, regardless of who caused the crash. MedPay is optional in Nevada, although insurers are required to offer at least $1,000 in coverage under NRS 687B.145.
If you purchased MedPay, it may provide an additional source of coverage for accident-related medical expenses even when the at-fault driver is uninsured. Your declarations page can help you determine whether MedPay is included in your policy and the amount of coverage you selected.
Umbrella insurance coverage
An umbrella policy generally provides additional liability protection above the limits of underlying policies, such as auto or homeowners insurance. However, you should not assume an umbrella policy provides additional protection if you are injured by an uninsured or underinsured driver. In Nevada, an umbrella policy may include or exclude UM/UIM coverage, so check the policy and its required disclosure to determine what coverage you actually purchased. See NRS 687B.440.
Notifying Your Insurance Company
After an accident, notify your insurance company promptly and follow any notice requirements in your policy. This is especially important if you may need to use your own UM/UIM, collision, or MedPay coverage because the other driver is uninsured.
Provide accurate information about what happened and keep copies of insurance correspondence, photographs, medical records, repair estimates, and other accident-related documents. If coverage, fault, or the extent of your injuries is disputed, consider speaking with a personal injury attorney before making important decisions about the claim.
How Does Comparative Negligence Affect an Uninsured Motorist Claim?
Nevada follows a modified comparative negligence rule. Under NRS 41.141, an injured person may still recover damages when their negligence is not greater than the negligence of the person or people they are seeking recovery from. Any award is reduced according to the injured person’s percentage of fault.
Fault can also matter in an uninsured motorist claim. If there is disagreement about who caused the accident or how responsibility should be divided, evidence such as photographs, witness statements, video footage, vehicle damage, and the crash report may become important.
What Happens When an Uninsured Driver Causes an Accident?
If an uninsured driver causes an accident in Nevada, the driver can still be legally responsible for the injuries and property damage they caused. The absence of insurance does not eliminate liability. However, it can make recovering compensation more complicated because there may be no liability policy available to pay the claim.
Depending on the circumstances, potential sources of recovery may include:
- Your own UM coverage for covered bodily injuries
- Collision coverage for damage to your vehicle
- MedPay coverage for certain accident-related medical expenses
- Other applicable insurance policies or responsible parties
- A claim or lawsuit against the at-fault driver personally
A lawsuit against an uninsured driver may be an option, but obtaining a judgment and actually collecting that judgment are two different things. If the driver has limited income or assets available to satisfy a judgment, recovery may be difficult even when the driver is legally responsible for the accident.
For that reason, an uninsured-driver claim should involve looking at the full picture: how the accident happened, what insurance coverage is available, whether another person or entity may share responsibility, and what sources of recovery realistically exist.
Hit by an Uninsured Driver in Nevada? Understanding Your Options
Being hit by an uninsured driver can make an already difficult accident feel even more uncertain. But a lack of insurance does not necessarily mean a lack of options. Your own insurance coverage, other applicable policies, additional responsible parties, or a claim against the at-fault driver may all need to be considered.
At Hale Injury Law, we help injured people understand what coverage may be available, investigate how an accident happened, and navigate the insurance and legal issues that follow. If you’ve been injured by an uninsured or underinsured driver in Nevada, contact Hale Injury Law to discuss your situation and learn more about your options.
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.
