Hit by an Uninsured Driver in Las Vegas: Your Options and Next Steps
About 10-12% of Nevada drivers carry no auto insurance at all, despite NRS 485.185 requiring minimum coverage of 25/50/20. That means roughly 1 in 9 vehicles on Las Vegas roads is uninsured. If an uninsured driver hits you, your primary source of recovery is your own uninsured motorist (UM) coverage. Nevada requires every auto insurer to offer UM/UIM coverage, but you can reject it in writing — so check your policy now. You also have the legal right to sue the uninsured driver directly, though collecting a judgment from someone with no insurance is often difficult. Nevada is an at-fault state, and you have 2 years from the date of injury to file a personal injury lawsuit (NRS 11.190(4)(e)). Here is what to do if an uninsured driver hit you in Las Vegas.
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Key Takeaways
- About 10-12% of Nevada drivers are uninsured — roughly 1 in 9 vehicles on Las Vegas roads (Insurance Research Council).
- Your own uninsured motorist (UM) coverage is your primary source of compensation when the at-fault driver has no insurance.
- Nevada requires insurers to offer UM/UIM coverage, but drivers can reject it in writing — check your policy immediately after a crash.
- You can sue the uninsured driver directly, but collecting a judgment from someone without insurance is often difficult.
- Nevada uses modified comparative negligence with a 51% bar (NRS 41.141) — you can recover if you are less than 51% at fault.
- You have 2 years from the date of injury to file a personal injury lawsuit in Nevada (NRS 11.190(4)(e)).
Call 911 and document the crash
Call 911 immediately after the crash, even if it seems minor. When dealing with an uninsured driver, a police report is critical because the other driver has no insurer to acknowledge the accident. The responding officer — LVMPD within city limits or Nevada Highway Patrol on highways like I-15, I-215, or US-95 — will document the scene, collect statements, and determine if the other driver has valid insurance.
Take photos of all vehicle damage, license plates, the road layout, and any visible injuries. Get the other driver's name, address, phone number, and driver's license number. Even without insurance information to exchange, this identification data is essential if you need to sue the driver directly. Get witness names and contact information. If the crash happened near the Strip or a casino, surveillance cameras may have captured the collision.
Do not let the other driver talk you out of calling police. Uninsured drivers sometimes offer to pay out of pocket or ask you to handle it privately. This is almost always a bad idea. Without a police report, you have no official documentation of the crash, which makes both your UM claim and any lawsuit much harder to pursue.
Get medical attention within 24 hours
See a doctor within 24 hours regardless of how you feel. Adrenaline masks pain, and injuries like whiplash, concussions, and internal bleeding may not show symptoms immediately. University Medical Center (UMC) is the only Level I trauma center in Nevada for the most serious injuries. Sunrise Hospital is a Level II trauma center with a busy ER.
Tell the doctor you were in a car accident and describe every symptom, even minor ones. The medical record from this first visit establishes the connection between the crash and your injuries. This connection is essential for both your UM claim and any potential lawsuit against the uninsured driver.
Follow every treatment recommendation and attend all follow-up appointments. Your own insurance company — even though they are on your side in theory — will scrutinize your medical records just as aggressively as a third-party insurer when processing a UM claim. Gaps in treatment give them grounds to reduce your payout.
Check your own auto insurance policy for UM/UIM coverage
Your uninsured motorist (UM) coverage is your primary tool for recovering compensation when the at-fault driver has no insurance. Nevada law requires every auto insurer to offer UM and UIM (underinsured motorist) coverage when you purchase a policy. However, you can reject these coverages in writing. If you did not affirmatively reject UM/UIM, you likely have it — and it defaults to the same limits as your liability coverage.
Find your insurance policy or call your agent and ask for your UM/UIM limits. If you carry $100,000/$300,000 in liability, your UM coverage may match those limits. UM coverage pays for your medical bills, lost wages, pain and suffering, and other damages — the same categories you would recover from the at-fault driver's insurer if they had insurance.
File your UM claim with your own insurer as soon as possible. Include the police report, medical records, and documentation of your damages. Your insurer has a duty to handle your UM claim in good faith. If they deny your claim or offer an unreasonably low settlement, you may have a bad faith insurance claim on top of your injury claim under NRS 686A.310.
Understand the difference between UM and UIM coverage
Uninsured motorist (UM) coverage applies when the at-fault driver has zero insurance. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover your damages. For example, if the at-fault driver carries Nevada's minimum of $25,000 per person and your damages are $80,000, your UIM coverage can fill the $55,000 gap up to your UIM limits.
Both UM and UIM are claims against your own insurance company. You are not filing against the other driver's insurer — you are using a coverage you paid for. Many people do not realize they have this coverage or how it works until they need it. Your premiums should not increase for filing a UM or UIM claim because you were not at fault for the accident.
If you rejected UM/UIM coverage when you purchased your policy, you may still have options. Some courts have found that rejection waivers were not properly executed, which can reinstate coverage. An attorney can review your waiver to determine if it meets Nevada's requirements.
Can you sue an uninsured driver in Nevada?
Yes. You have the legal right to file a personal injury lawsuit against the uninsured driver. Nevada's 2-year statute of limitations (NRS 11.190(4)(e)) applies. If the uninsured driver was at fault, a court can award you damages for medical bills, lost wages, pain and suffering, and property damage.
The practical problem is collection. Someone driving without insurance may not have assets to satisfy a judgment. Nevada allows wage garnishment and bank account levies to collect judgments, but if the driver has limited income or no significant assets, collecting may be slow or impossible. A judgment is valid for 6 years in Nevada and can be renewed (NRS 11.190(1)(a)).
In some cases, suing the uninsured driver is worth pursuing — they may own property, have a steady income, or the judgment may be collectible in the future. Your attorney can run an asset check to determine if a lawsuit makes financial sense. Meanwhile, your UM claim provides immediate compensation while any lawsuit proceeds.
What if the uninsured driver was also driving a borrowed car?
If the uninsured driver was operating someone else's vehicle, the vehicle owner's insurance may cover your damages. In Nevada, auto insurance generally follows the vehicle, not the driver. If the owner had a valid insurance policy, their liability coverage may apply to the accident even though they were not driving. This is called permissive use coverage.
If the vehicle owner knowingly lent their car to someone without a valid license or insurance, the owner may be directly liable under a negligent entrustment theory. Nevada courts have recognized this cause of action — if the owner knew or should have known the driver was unfit (no license, history of DUI, etc.), the owner shares liability for the crash.
Identifying the vehicle owner requires the police report and DMV records. Your attorney can subpoena registration records to determine ownership and identify applicable insurance policies. This additional avenue of recovery can be the difference between full compensation and a shortfall.
Protect your claim and avoid common mistakes
Do not accept a quick settlement from your own UM insurer before you know the full extent of your injuries. UM claims follow the same negotiation process as third-party claims — your insurer will try to settle for as little as possible. Wait until you reach maximum medical improvement before agreeing to any final number.
Keep detailed records of every expense related to the crash: medical bills, prescription costs, physical therapy receipts, rental car costs, ride-share expenses, and documentation of missed work and lost wages. Pain journals documenting daily symptoms, limitations, and emotional impact can support your claim for non-economic damages.
Do not post about the accident or your injuries on social media. Insurance adjusters — even your own — monitor social media for posts that contradict injury claims. A photo of you at a family gathering can be used to argue your injuries are not as severe as claimed.
Get a free assessment of your uninsured driver claim
Dealing with an uninsured driver adds complexity to an already stressful situation. Take our free 2-minute assessment at /assessment/ to understand your options. You will answer a few questions about your accident, injuries, and insurance coverage, and we will provide a personalized report explaining your UM claim, potential lawsuit options, and estimated claim value.
An uninsured driver crash does not mean you are out of options. Between your UM coverage, potential lawsuits against the driver and vehicle owner, and other possible sources of recovery, there are paths to compensation. The key is acting quickly — file your UM claim, get medical treatment, and understand your rights before the insurance company makes a lowball offer.