Quick Answer
If an uninsured driver hits you in Nevada, your own uninsured motorist (UM) coverage is usually the main source of payment. Nevada policies include UM unless you rejected it in writing (NRS 690B.020). If the driver has only the $25,000 minimum, underinsured (UIM) coverage can pay the rest up to your limits. You have 2 years to sue.
Key Takeaways
- The IRC estimates 11.1% of Nevada drivers were uninsured in 2023, compared with 15.4% nationally
- Triple-I identifies Nevada as combining a below-average uninsured rate with a high underinsured rate
- UM coverage is included in Nevada policies unless you reject it in writing, and insurers must offer UM/UIM equal to your bodily injury limits (NRS 690B.020, NRS 687B.145)
- A UM claim is against your own insurer, which must accept or deny within 30 working days after proof of loss (NAC 686A.675)
- Driving uninsured is a misdemeanor with a $600 to $1,000 fine (NRS 485.187), but those fines do not pay your bills
- You have 2 years from the crash to file an injury lawsuit (NRS 11.190(4)(e))
Most people assume the driver who hits them will have insurance that pays. In Nevada, that assumption fails more often than it should, and not only because some drivers carry no insurance at all. Many carry the legal minimum, which can run out quickly after a serious injury. Your own policy is often where the money comes from.
How many Nevada drivers are uninsured or underinsured?
The Insurance Research Council estimates that 11.1% of Nevada drivers were uninsured in 2023, below the national rate of 15.4% (Insurance Information Institute). Underinsured drivers are the larger concern. In its summary of the IRC study, the Insurance Information Institute names Nevada as a state that combines a below-average uninsured rate with a high underinsured rate (Triple-I).
Nationally, the IRC found that 33.4% of drivers were uninsured or underinsured in 2023, and that the underinsured rate alone was 18.0%. The published summary does not give a single underinsured percentage for Nevada. The practical point is the same: a driver having insurance does not mean the driver has enough.
Do you have uninsured motorist coverage?
Probably, unless you signed a rejection. Nevada requires auto policies to include uninsured motorist (UM) coverage unless the insured rejects it in writing (NRS 690B.020). Insurers must also offer UM and underinsured motorist (UIM) coverage in an amount equal to the bodily injury limits you bought, though buying that amount is optional (NRS 687B.145).
Check the declarations page of your policy for UM/UIM limits. If you do not see them, ask your insurer in writing whether you signed a rejection and request a copy. If you drive for Uber or Lyft, different coverage layers apply; see our guide to UM/UIM coverage for rideshare drivers in Nevada.
How does a UM claim against your own insurer work?
You make the claim with your own insurance company, which then stands in for the driver who had no insurance. You still have to prove the other driver was at fault and what your injuries are worth. On that question your insurer is on the other side, even though you pay its premiums.
Your insurer can raise the same fault arguments the other driver's insurer would, and Nevada's comparative negligence rule reduces a recovery by your share of fault (NRS 41.141). Expect a request for a recorded statement and medical records. You can ask for the request in writing and take time to review it.
Deadlines your insurer must meet
- Acknowledge your claim notice within 20 working days (NAC 686A.665).
- Begin its investigation within 20 working days and complete it within 30 days, unless it reasonably cannot (NAC 686A.670).
- Accept or deny a first-party claim within 30 working days after it receives proof of loss, and pay within 30 days after accepting. If it needs more time, it must tell you within 30 working days and every 30 days after that (NAC 686A.675).
- If you have no lawyer, give you written notice 60 days before a time limit on your claim expires (NAC 686A.675).
Unfair claim practices
Nevada law lists unfair claim practices, including failing to act reasonably promptly on claim communications, failing to make prompt, fair and equitable settlements when liability is reasonably clear, advising a claimant not to hire a lawyer, and misleading a claimant about a statute of limitations (NRS 686A.310(1)). The private right to sue for these practices belongs to the insured (NRS 686A.310(2)). In a UM claim, the insured is you.
What if the at-fault driver has only the minimum insurance?
Then underinsured motorist (UIM) coverage matters. Nevada's minimum is $25,000 per person (NRS 485.185), and the average U.S. bodily injury liability claim in 2024 was $28,278. When the other driver's policy is too small, your UIM coverage can pay the difference up to your own limits.
| Coverage | Nevada minimum | U.S. average claim, 2024 |
|---|---|---|
| Bodily injury, per person | $25,000 | $28,278 |
| Bodily injury, per crash | $50,000 | Not reported |
| Property damage | $20,000 | $6,770 |
Sources: NRS 485.185; Insurance Information Institute, citing ISO/Verisk, average claim severity, 2024. The bodily injury average includes loss adjustment expenses.
The average claim is already larger than the per-person minimum, and a serious injury costs far more than the average. Your UIM insurer also has no right of subrogation against the underinsured driver (NRS 687B.145(4)), which means it cannot turn around and sue that driver to recover what it paid you.
Your Own Insurer Is Now the Other Side
A UM or UIM claim is still a negotiation. Talk to Roey Sellouk directly about your policy limits and how to prove your claim. The consultation is free.
Get Free ConsultationCan you sue the uninsured driver personally?
Yes. Nevada is an at-fault state, and a driver without insurance is personally responsible for the harm the driver causes. The practical problem is collection. Many drivers without insurance also lack assets or income that could pay a judgment.
Before deciding, a lawyer looks for other coverage. Was the driver working at the time? Driving someone else's car? Another policy may apply. The uninsured driver also faces penalties: driving without insurance is a misdemeanor with a fine of $600 to $1,000, reduced to $100 for a first offense if the driver gets insured before sentencing (NRS 485.187(3)). The DMV checks insurance electronically through its NV LIVE system and says "Nevada has no grace period" (Nevada DMV). Those fines go to the State, not to you.
Who pays your medical bills while the claim is pending?
Your own coverage usually pays first. Insurers must offer at least $1,000 of medical payments coverage (MedPay), which pays regardless of fault (NRS 687B.145(3)). Health insurance pays as you treat and usually seeks repayment from any recovery.
Some providers will treat you on a lien and wait for the settlement. Each payer may claim part of your recovery, so how those claims are negotiated affects what you keep. Our page on MedPay and health insurance liens in Nevada explains the order.
What are the deadlines after a crash with an uninsured driver?
You have 2 years from the crash to file an injury lawsuit (NRS 11.190(4)(e)) and 3 years for damage to your vehicle (NRS 11.190(3)(c)). If no police officer investigated, you may also need to file an SR-1 with the DMV within 10 days (NRS 484E.070). Your policy has its own notice rules, so tell your insurer promptly.
Start with the police report, which lists each driver's insurer or shows that none was found. Our guide explains how to get your Las Vegas car accident report. If the driver fled the scene, the rules change; read our guide to a hit-and-run accident in Las Vegas. For help with a UM or UIM claim, talk to a Las Vegas car accident lawyer.
Frequently Asked Questions
What if I rejected uninsured motorist coverage?
Nevada requires the rejection to be in writing under NRS 690B.020, so ask your insurer for a copy of anything you signed. If you did reject it, look at other sources: MedPay, health insurance, the policy on the car you were riding in, and a claim against the driver personally.
How long does my insurer have to decide my UM claim?
Under NAC 686A.675, your insurer must accept or deny a first-party claim within 30 working days after it receives proof of loss and pay within 30 days after accepting. If it needs more time, it must notify you within 30 working days and every 30 days after that.
How do I find out if the other driver was uninsured?
The police report usually lists each driver's insurer. For UM purposes, Nevada presumes a vehicle is uninsured if no proof of insurance reaches the DMV within 60 days after the crash (NRS 690B.020).
What is the penalty for driving without insurance in Nevada?
It is a misdemeanor with a fine of $600 to $1,000. The fine drops to $100 for a first offense if the driver is insured by the time of sentencing (NRS 485.187(3)).
Can my insurer tell me not to hire a lawyer?
No. Advising a claimant not to seek an attorney is listed as an unfair claim practice under NRS 686A.310(1)(o).
Does UIM coverage pay if the other driver had some insurance?
Yes, that is what it is for. When the at-fault driver's liability limits are too low to cover your losses, UIM can pay the difference up to your own UIM limits.
See also: our Las Vegas car accident lawyer page, our guide to a hit-and-run accident in Las Vegas, and UM/UIM coverage for rideshare drivers.