Uninsured, Underinsured and Hit-and-Run Drivers in Nevada

You did everything right. You bought insurance, you drove carefully on Rainbow, and somebody ran the light. Then you find out they have no insurance, or a $25,000 policy against a much bigger injury, or they never stopped at all. This is where the coverage on your own policy matters most.

What is UM/UIM coverage?

Uninsured motorist coverage protects you when the at-fault driver has no liability insurance. Underinsured coverage helps when the at-fault driver's limits are too low for your injuries. Both come from your own policy.

Nevada auto insurers must offer UM/UIM coverage in an amount equal to the bodily injury limits you buy, on a form approved by the state (NRS 687B.145). UM coverage must be part of Nevada auto liability policies unless you rejected it in writing (NRS 690B.020).

Translation: if you never signed a rejection, you may have this coverage even if you don't remember buying it. Pull your declarations page.

What counts as an "uninsured" vehicle in Nevada?

Under NRS 690B.020, it includes a vehicle with no liability insurance at the time of the crash; with insurance below Nevada's required minimums, to the extent of the shortfall; whose insurer denies coverage or is insolvent; driven without the owner's permission, with no coverage for the driver; or whose owner or driver can't be identified after reasonable effort, which covers hit-and-runs, subject to the conditions below.

What does Nevada require for a hit-and-run UM claim?

For an unidentified driver, NRS 690B.020 requires two things: (1) Physical contact — the injury must result from the other vehicle actually striking you or the vehicle you were in. (2) A timely report — the crash must be reported within the time Nevada's crash-reporting laws require, to city police, the county sheriff, or Nevada Highway Patrol depending on where it happened.

In Las Vegas, that usually means Las Vegas Metro. In Henderson or North Las Vegas, it's those cities' police departments. On I-15, US-95 or the 215, it's often NHP. Your policy may also add its own notice requirements.

A "phantom vehicle" that forced you off the road without touching you can be a harder claim under this statute. Policy language and the facts matter.

What does a hit-and-run driver face?

A driver who leaves the scene of a crash that injures or kills someone commits a category B felony in Nevada, punishable by 2 to 20 years in prison (NRS 484E.010). If police find the driver, their liability insurance becomes a source of recovery, with your UM/UIM as backup.

What should I do after a hit-and-run?

• Call 911 from the scene
• Write down anything you saw: color, make, partial plate, direction of travel
• Photograph paint transfer and damage on your car
• Look for cameras at nearby businesses, homes with doorbell cameras, or intersections
• Report the claim to your own insurer promptly

Will my insurance company treat me like a friend?

Not necessarily. In a UM/UIM claim, your own insurer steps into the shoes of the at-fault driver. It can dispute fault, the extent of your injuries and the value of your claim. Treat it as an adversarial claim and document carefully. Your own insurer may require cooperation under your policy, so talk to a lawyer before giving a recorded statement.

How long do I have?

Most Nevada injury lawsuits must be filed within two years (NRS 11.190(4)(e)). UM/UIM claims under your policy can have their own notice and timing provisions. Read the policy or have a lawyer read it.

New clients can also get a free simple will through our sister firm, Signature Law (signature.law).

This article is general information, not legal advice. Reading it does not create an attorney-client relationship.

About the Author

Frank Stucki, Esq., MBA

Born and raised in Las Vegas. Trial lawyer for the seriously injured. Frank is licensed in California, Nevada, Washington and Utah; cases in other states are handled with local co-counsel licensed there.

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