Being hit by an uninsured driver in Nevada is a jarring experience — you’ve done nothing wrong, you’ve suffered real injuries, and the person responsible has no insurance to compensate you. But Nevada law requires all auto insurers to offer uninsured motorist (UM) coverage precisely for this situation. If you have UM coverage on your own policy, you have a path to compensation through your own insurer. Understanding how the Nevada UM claim process works — and where it commonly goes wrong — prepares you to protect your rights from day one.
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Step 1: Confirm the At-Fault Driver Has No Insurance
Before making a UM claim, you need confirmation that the at-fault driver was uninsured. The LVMPD or Nevada Highway Patrol accident report will typically note whether the other driver showed proof of insurance at the scene. However, many drivers carry lapsed or fake insurance cards — always run an independent verification. Your attorney can verify insurance status through the Nevada Department of Motor Vehicles records, and your own insurer will conduct its own investigation. If the at-fault driver is identified but you cannot locate valid insurance coverage, your UM claim can proceed. Hit-and-run accidents — where the at-fault driver flees and is never identified — also qualify for UM coverage under Nevada law, though most policies require that there be independent corroborating evidence of the hit-and-run (a witness, property damage consistent with a collision, or a police report).
Step 2: Notify Your Insurer Promptly
Your auto policy almost certainly requires you to notify your insurer of a potential UM claim promptly after the accident. Failure to provide timely notice can jeopardize your coverage — though under Nevada law, an insurer cannot deny a UM claim for late notice unless it can demonstrate actual prejudice from the delay. Notify your insurer as soon as you know or suspect the at-fault driver is uninsured. You do not need to have a complete picture of your damages to provide initial notice — just report the accident and indicate that the other driver may be uninsured.
Step 3: Seek Medical Treatment and Document Your Injuries
Your UM claim is valued based on the same factors as any other Nevada personal injury claim: medical expenses (past and future), lost wages, pain and suffering, and other economic and non-economic damages. Complete, consistent medical treatment is essential. Get emergency treatment immediately, follow up with a primary care physician or specialist, and do not discontinue treatment prematurely. Every treatment record, diagnosis, and physician recommendation is evidence of the damages you are entitled to recover from your own insurer through your UM coverage.
Step 4: The UM Claim Evaluation
Your own insurer will assign an adjuster to evaluate your UM claim. The adjuster will review the accident report, your medical records, lost wage documentation, and other evidence of your damages. Here is the critical thing to understand: even though this is your own insurer, the insurer’s financial interest is to pay you as little as possible — not to maximize your recovery. Your insurer will apply the same litigation strategy as any liability insurer and will dispute the value of your claim, the causal connection between your injuries and the accident, and the reasonableness of your medical expenses. You have the right to be represented by an attorney in the UM claim process, and in serious injury cases, having representation almost always results in a better outcome.
Step 5: Arbitration or Lawsuit
If you and your insurer cannot agree on the value of your UM claim, most Nevada auto policies provide for arbitration to resolve the dispute. Under NRS 687B.145, UM disputes in Nevada are typically resolved by binding arbitration before a panel of three arbitrators — one selected by you, one by the insurer, and one agreed upon by both. Arbitration is faster and less expensive than trial, but the arbitrators’ decision is binding. If your policy does not provide for arbitration, or if the arbitration clause is contested, you may need to file a lawsuit against your own insurer to recover the full value of your UM claim.
Contact Marathon Law Group
Marathon Law Group represents Nevada accident victims in uninsured and underinsured motorist claims against their own insurance companies. If you were hit by an uninsured driver and are facing a difficult UM claim process, contact us for a free consultation.
If you or a loved one has been injured, contact our experienced Las Vegas motorcycle accident attorney at Marathon Law Group. We offer free consultations and only get paid when you win.