If you were hit by an uninsured driver in Nevada, your claim usually goes to your own insurer under uninsured motorist coverage rather than to the other driver. Nevada requires insurers to offer UM and UIM coverage, but buying it is optional, so the first thing to check is whether it is on your policy. If it is, it can pay for injuries the at-fault driver cannot cover.
What UM and UIM coverage is
Uninsured motorist (UM) and underinsured motorist (UIM) coverage is the part of your own auto policy that stands in for a driver who cannot pay. It applies in three situations:
- No insurance at all. The at-fault driver was uninsured that day.
- Not enough insurance. There was a policy, but the limits ran out before your losses did.
- Hit-and-run. The driver fled and was never identified, so there is no policy to claim against.
Nevada is an at-fault state, so the driver who caused the crash is responsible for the harm. That principle only helps when there is insurance standing behind it. UM and UIM coverage keeps it from becoming an empty promise when there is not.
Why Nevada minimum limits leave a gap
Nevada's minimum liability requirement is 25/50/20: $25,000 in bodily injury coverage per person, $50,000 per accident, and $20,000 for property damage. Those numbers sound generous until you picture what a serious injury involves — surgery, imaging, months of therapy, time away from work. One badly hurt person can exhaust the per-person limit long before treatment ends, and at that point the other driver's policy is simply finished.
UIM coverage exists to fill that gap. It picks up where the other driver's limits stop, up to the amount you bought. Drivers who carry only the state minimum themselves often find out at the worst moment.
How a claim against your own policy works
A UM claim feels different, because you are asking your own insurer for money. But your insurer evaluates it much the way an opposing party would — an adjuster, a claim file, a recorded statement request, a close review of your medical records. Years of premiums do not buy you the benefit of the doubt, so document the claim the way you would against a stranger's insurer.
- Report the crash promptly and in writing, and keep a copy.
- Ask for the full policy, not just the declarations page, so you know your limits and deadlines.
- Save every medical record, bill, and note about missed work.
- Get legal advice before giving a recorded statement or signing a broad medical release.
Fault matters here too. Under Nevada's modified comparative negligence rule (NRS 41.141), you can recover as long as your share of fault is not greater than 50 percent, with your award reduced by your percentage. Your own insurer can raise that argument just like the other side.
What to do in the first days
Evidence gathered early is what carries a UM claim past a skeptical adjuster.
- Call the police. Nevada requires police to be notified when a crash involves injury or death, and the report captures the fault evidence insurers rely on. If officers never come out, our guide to Nevada crash reports and the DMV SR-1 form explains the next step.
- Photograph everything — vehicles, positions, debris, road conditions, and visible injuries.
- Collect witness names and numbers before people drift away.
- See a doctor right away, even if you feel able to walk away. Gaps in treatment are the first thing an adjuster points to.
- Watch the deadlines. Nevada gives you two years from the date of injury to sue for personal injury (NRS 11.190(4)(e)), and your policy may set notice deadlines that arrive far sooner.
If you are told your coverage does not apply, get a second opinion. Our Las Vegas car accident lawyers review UM and UIM claims free, 24/7, in English, Korean, Spanish, and Chinese — with no fee unless we win.
Frequently asked questions
Will my rates go up if I use my UM coverage?
Using coverage you paid for, after a crash you did not cause, is what it is there for. Ask your agent about your policy, but do not let worry about a rate change push you past your deadlines.
Does UM coverage apply to a hit-and-run?
Usually yes — a driver who flees is one of the core situations it was built for. Prompt reporting matters even more here, because insurers scrutinize claims where the other vehicle was never found.
What if I never bought UM coverage?
You may still have options, including claims against other responsible parties or other policies in your household. It is worth having a lawyer look before you conclude there is nothing there.
This article is general information, not legal advice about your specific situation.