One of the most frustrating situations in Nevada personal injury law occurs when the driver who caused your accident is uninsured, underinsured, or has no assets that could satisfy a judgment — what lawyers call being “judgment-proof.” This scenario is more common than many people realize: Nevada requires minimum liability insurance of only $25,000 per person under NRS 485.185, and many drivers either carry only the minimum or are driving with no insurance at all in violation of state law. When your medical bills and damages exceed what the at-fault driver can pay, knowing your full range of options is critical to recovering what you deserve.
Your Own Uninsured/Underinsured Motorist Coverage
The single most important source of recovery when the at-fault driver has no insurance or insufficient coverage is your own uninsured motorist (UM) and underinsured motorist (UIM) coverage. Under NRS 687B.145, Nevada insurers are required to offer UM/UIM coverage to every policyholder. UM coverage applies when the at-fault driver has no insurance; UIM coverage applies when the at-fault driver’s policy limits are insufficient to compensate you fully. If you declined this coverage, it should appear in your policy records — and your insurer must prove you made a knowing, written rejection. If you have UM/UIM coverage, you can make a claim against your own insurer for damages exceeding what the at-fault driver can pay, up to your UM/UIM policy limits.
Third-Party Liability: Who Else Might Be Responsible?
Even when the at-fault driver has no assets, other parties may share legal responsibility for your injuries. If the at-fault driver was working at the time of the crash, their employer may be vicariously liable under respondeat superior — and employers typically have commercial auto policies with much higher limits than individual drivers. If a defective vehicle component contributed to the accident or your injuries, the manufacturer, distributor, or dealer may be liable under product liability law. If dangerous road conditions, missing signage, or a defective traffic signal contributed to the crash, the governmental entity responsible for road maintenance may be liable under NRS 41.031. Identifying all potentially responsible parties requires a thorough investigation of the accident circumstances.
Dram Shop Claims for Impaired Drivers
If the at-fault driver was intoxicated, Nevada’s dram shop law under NRS 41.1305 may provide an avenue to recover from the establishment that over-served them alcohol. Nevada dram shop liability applies when a licensed establishment sells or serves alcohol to a visibly intoxicated person or a minor, and that person subsequently causes injury to a third party. Las Vegas casinos, bars, restaurants, and nightclubs carry substantial liability insurance, making a successful dram shop claim a meaningful recovery option when the individual driver’s coverage is inadequate.
Medical Payment (MedPay) Coverage
If you carry MedPay coverage on your own auto policy, this coverage pays your medical expenses regardless of fault and regardless of whether the at-fault driver has insurance. Nevada MedPay is typically available in limits from $1,000 to $25,000 or more. While MedPay does not compensate for pain and suffering or lost wages, it provides immediate cash flow for medical treatment while your attorney pursues all other available sources of recovery.
Contact Marathon Law Group
Marathon Law Group helps Nevada accident victims identify every available source of recovery, even when the at-fault driver appears to have no assets or insurance. Contact us for a free consultation if you were injured by an uninsured or underinsured driver.