It’s a gut-punch of a moment. You’ve been hurt in a crash that wasn’t your fault, and then you learn the other driver has no insurance — or so little that it won’t come close to covering your bills. In a state where roughly one in eight drivers is uninsured, this happens far more than it should. The good news: being hit by an uninsured or underinsured driver doesn’t mean you’re out of options.
Here’s how to think about your path forward.
First, figure out which situation you’re in
Your options depend on what kind of coverage gap you’re facing:
- The driver has no insurance at all (or fled the scene in a hit-and-run). This is an uninsured motorist situation.
- The driver has insurance, but not enough to cover your losses. This is an underinsured motorist situation, and your own coverage may fill the gap.
Your own UM/UIM coverage is usually the best path
If you carry uninsured/underinsured motorist coverage, that’s typically your most realistic route to full compensation. It’s coverage you already paid for, and it steps in exactly when the at-fault driver can’t. A crucial point most Nevada drivers don’t realize: because insurers are required to offer UM/UIM, you may have it even if you don’t remember choosing it — a rejection has to be in writing. It’s always worth having someone check your policy.
Our companion guide, Understanding Uninsured and Underinsured Motorist Claims in Nevada, walks through exactly how this coverage works — including “stacking” multiple policies to multiply what’s available to you, which can dramatically increase your recovery.
What about suing the driver directly?
You can get a judgment against an uninsured at-fault driver, and sometimes that’s appropriate. But it’s often not the most effective path: someone who couldn’t afford basic auto insurance usually doesn’t have the assets to satisfy a serious judgment. That’s precisely why UM/UIM coverage exists — and why it’s so valuable.
Filing against your own insurer isn’t always smooth
You’d expect your own insurance company to be on your side. In reality, a UM/UIM claim is still a claim, and your insurer can dispute whether the other driver was truly uninsured, argue over your limits, or make a lowball offer. One protection worth knowing: under NRS 687B.385, your insurer generally can’t raise your premium or cancel your policy just because you filed a claim for an accident that wasn’t your fault.
The usual rules still apply
Like any Nevada injury claim, your recovery can be reduced by your share of fault under NRS 41.141, and you’re up against the two-year deadline in NRS 11.190 — plus your policy’s own notice requirements, which can come due much sooner. Don’t wait to sort this out. Our statute of limitations guide has the details.
How Marathon Law Group helps
We dig into every available source of coverage, read the policy language carefully, and hold your own insurer to its obligations when it drags its feet. We handle these claims throughout Las Vegas and Clark County on contingency — no fee unless we recover for you.
If you were hit by an uninsured or underinsured driver, contact us for a free consultation before you speak with any adjuster.
Call (702) 522-1808. Se habla español.
This article is general information about Nevada law, not legal advice. Coverage depends on your specific policy — talk to an attorney about yours.