
C. Jared Clark, Esq.
Las Vegas personal injury attorney
Hit by an uninsured, underinsured, or hit-and-run driver in Las Vegas? How Nevada UM and UIM claims work. Free consultation. Call (702) 330-3272.
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Attorney advertising. This information is not legal advice. Contacting the firm does not create an attorney-client relationship. Past results do not guarantee future outcomes.
In short: When the driver who hurt you had no insurance, too little insurance, or drove away, the claim often turns to your own auto policy. An uninsured motorist lawyer in Las Vegas works that claim against your own insurer, which can still dispute fault and the value of your injuries. Nevada law sets specific conditions, especially for hit-and-run crashes, and missing one can cost you the coverage. Clark Law Group, PLLC can review your policy, the crash report, and your medical records and explain how Nevada law applies. Consultations are free. On personal-injury matters, you do not pay an attorney fee if there is no recovery. Call 702-330-3272, the firm is open 24/7, or contact the office. Contacting the firm does not create an attorney-client relationship.
This page covers making the claim. For what each coverage on a declarations page means, see the firm's guide to Nevada auto insurance terms.
An uninsured motorist lawyer handles a claim against your own auto insurer when the at-fault driver cannot pay. That means confirming you have the coverage, meeting the policy's notice and proof terms, proving the other driver was at fault, documenting your injuries, and negotiating with, or if needed suing, your own insurance company.
The claim is first-party: you are the insured and the claimant at the same time. Your own carrier owes you the coverage you paid for, but it evaluates the claim the way any insurer would. It looks for gaps in treatment, disputes whether an injury came from the crash, and argues over your share of fault. A car accident claim against another driver's insurer and a UM claim against your own insurer use much of the same evidence. The difference is in the contract terms and the deadlines.
More often than people expect. Under NRS 690B.020, "uninsured" covers more than a driver with no policy. It also covers a driver whose insurer denies coverage or becomes insolvent, some drivers using another person's car without coverage, and an unidentified hit-and-run driver, if specific conditions are met.
The statute lists these situations (NRS 690B.020(3)–(4)):
There is also a presumption. If an injury crash happens and no evidence of financial responsibility is supplied to the DMV within 60 days, the other vehicle is presumed to be uninsured (NRS 690B.020(6)).
Nevada requires every motor vehicle liability policy to include uninsured vehicle coverage unless a named insured rejected it in writing on the insurer's form (NRS 690B.020(1)). Whether your policy has it, and in what amount, is the first thing to check on the declarations page.
An underinsured motorist (UIM) claim applies when the at-fault driver has insurance, but not enough. Under NRS 687B.145(2), UIM coverage lets you recover from your own insurer, up to your own limits, the bodily-injury damages you are legally entitled to that exceed the other driver's limits.
In practice, the claim usually moves in two steps. First, the at-fault driver's liability carrier is asked to pay its limit. Nevada's minimum is $25,000 per person (NRS 485.3091), which a hospital stay can use up. Second, the claim for the remaining damages goes to your UIM carrier.
Three Nevada rules shape that second step:
A hit-and-run can be covered as an uninsured motorist claim, but Nevada adds two conditions. Under NRS 690B.020(3)(f), the injury must come from physical contact with you or the vehicle you were in. The crash must also be reported to police, the sheriff, or NHP within the time Nevada's crash-reporting statutes require.
The reporting condition is easy to miss. The statute requires a report by you or someone acting for you:
| Where the crash happened | Who the report goes to under NRS 690B.020(3)(f) |
|---|---|
| Inside a city (for example, Henderson or North Las Vegas) | The police department of that city |
| Unincorporated Clark County | The county sheriff, or the Nevada Highway Patrol |
The time limit is tied to the crash-reporting rules in NRS Chapter 484E. Those rules use words like "forthwith" and "immediately," not a fixed number of days. The safe course is to call 911 from the scene and get a report or event number. If police did not come, make a report as soon as you can and keep proof that you did.
The physical-contact rule matters too. A driver who forces you off the road without touching your car is a harder UM claim under this statute, so independent witnesses, dash-cam video, and nearby business cameras become important. Keep any paint transfer and damaged parts, which can prove contact.
Leaving the scene of an injury crash is a category B felony in Nevada (NRS 484E.010), so a police report can also lead to the driver being identified. If that happens, the claim may shift to the driver's own insurer, or remain a UM claim if that driver turns out to be uninsured.
Possibly, but the order matters. Many auto policies require you to notify your own insurer before you accept the at-fault driver's limits and sign a release, and some require the insurer's written consent. Accepting a settlement first can give your carrier a reason to dispute UIM coverage. Read the policy before you sign anything.
These consent-to-settle and notice terms come from policy language, not from one Nevada statute. They vary from insurer to insurer. The usual concern is that a release of the at-fault driver could affect your insurer's rights against that driver. Because NRS 687B.145(4) bars UIM subrogation for the amount above the other driver's limits, the practical effect of a given clause depends on its wording. That is a reason to have the policy read before a limits offer is accepted, not after.
If the at-fault carrier offers its full limits quickly, that is often a sign the case is bigger than the policy. Before you accept, gather the declarations pages for every policy that may apply to you, including household policies, and send written notice to each carrier.
Sometimes. Nevada allows a policy to limit your recovery, when more than one coverage applies, to the highest single limit, divided among the policies in proportion. But the limiting language must be clear and prominently displayed. It is void if you bought separate coverage on the same risk and paid a full premium for it (NRS 687B.145(1)).
Combining coverage this way is often called "stacking." Whether it works in your case depends on how many vehicles and policies are involved, which policy names you as an insured, and the exact limiting clause. A passenger may have UM coverage from the driver's policy and also from a policy in their own household. NRS 687B.145(5) says insurers do not have to offer UM/UIM on a general commercial liability, excess, or umbrella policy, so an umbrella policy may add nothing unless UM coverage was specifically added to it.
Rideshare crashes add another layer. Nevada's transportation network company insurance statute says a rideshare policy may include UM/UIM coverage but does not require it (NRS 690B.470(6)). See the rideshare accidents page for how coverage changes with the driver's app status.
The deadline depends on who you are suing. A personal-injury lawsuit against the driver generally must be filed within two years (NRS 11.190(4)(e)). The Nevada Supreme Court treats a UM/UIM claim against your own insurer as a written-contract action with a six-year period that starts when the insurer denies the claim.
| Claim | Deadline rule |
|---|---|
| Injury lawsuit against the at-fault driver | Generally 2 years (NRS 11.190(4)(e)) |
| Lawsuit against your own insurer for UM/UIM benefits | Written contract, 6 years (NRS 11.190(1)(b)), running from the insurer's denial (Grayson v. State Farm, 1998) |
| Policy clause shortening the UM/UIM lawsuit period to 2 years | Held void as against public policy in State Farm v. Fitts (2004) |
| Hit-and-run report | Within the time NRS 484E requires (NRS 690B.020(3)(f)) |
| Notice to your insurer | Set by the policy; usually "prompt" notice |
Do not read the six-year figure as extra time. The two-year deadline against the at-fault driver still matters, because the UIM claim depends on what you are legally entitled to recover from that driver. Your policy's notice terms run from the crash. And in Fitts, the court said it did "not entirely foreclose the possibility" of other contractual time limits. A lawyer should check the deadlines against the actual policy.
It can. Your insurer can argue that you were partly at fault, just as the other driver's carrier would. Nevada's comparative-negligence rule applies to injury damages: if your fault is not greater than the other driver's, your recovery is reduced by your percentage of fault. If your fault is greater, you recover nothing (NRS 41.141).
Lane changes, speed, and following distance are the usual arguments. Scene photos, the crash report, and witness names help answer them, and they are just as important when the other driver is gone.
A UM or UIM claim usually needs proof of coverage, proof of fault, and proof of damages. In practice that means your declarations pages, the police report, scene and vehicle evidence, complete medical records and bills, wage records, and written notice to your insurer sent within the policy's time frame.
Medical-payments coverage, if you have it, can help with bills while the claim is pending. The understanding insurance page explains how it works.
Your own policy almost always contains a cooperation clause, so refusing outright can create a coverage problem. That does not mean answering on the first call without preparation. Ask what the statement is for, request a copy of the policy, and get advice before you give the statement.
An adjuster may ask about prior injuries, gaps in treatment, and what you did right before the crash. Those answers go to value and fault. A personal injury lawyer can attend the statement or help you prepare for it.
C. Jared Clark, Esq. is the designated responsible attorney for Clark Law Group. He earned a Bachelor of Science from the University of Nevada, Las Vegas, and a Juris Doctor, cum laude, from Thomas Jefferson School of Law. During law school he interned for the Honorable John A. Houston, U.S. District Judge for the Southern District of California, and for the San Diego Public Defender's office. He has lived in Nevada since 1988 and is a member of the State Bar of Nevada, the American Bar Association, and the Nevada Justice Association. Read more about Jared Clark.
The office is at 2320 Potosi St, Las Vegas, NV 89146. The firm is open 24 hours a day, 7 days a week.
Last updated October 20, 2026.
This page is attorney advertising and general information, not legal advice. Statutes, policy terms, and case law change, and how any of them apply depends on the facts. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes.
Published Clark Law Group recoveries. Past results do not guarantee, predict, or warrant a similar outcome.
Free Consultation →Past results do not guarantee a similar outcome. Each case is different.
Past results do not guarantee a similar outcome. Each case is different.
Past results do not guarantee a similar outcome. Each case is different.
Past results do not guarantee a similar outcome. Each case is different.
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You get a plain-language view of options. On injury matters, the firm states you do not pay an attorney fee if there is no recovery.
Yes. Uninsured and underinsured motorist coverage is part of your own policy, so the claim goes to your own insurer, even though the other driver caused the crash. That means your policy's notice, cooperation, and proof requirements apply, and your insurer can dispute fault and the value of your injuries just as the other driver's carrier would.
It can. NRS 690B.020 treats a vehicle whose driver is unknown, or cannot be found with reasonable diligence, as uninsured if there was physical contact with you or the vehicle you were in. The crash must also be reported to the city police, the county sheriff, or the Nevada Highway Patrol within the time Nevada's crash-reporting statutes require.
It depends on the claim. A lawsuit against the at-fault driver usually must be filed within two years (NRS 11.190(4)(e)). The Nevada Supreme Court has treated a UM/UIM claim against your own insurer as a written-contract claim with a six-year period that starts when the insurer denies the claim. Policies add their own notice terms, so act early.
Be careful about the order. Many policies require you to notify your own insurer, and sometimes get its consent, before you accept the at-fault driver's policy limits and sign a release. Signing first can create a coverage dispute. Read the policy, or have a lawyer read it, before you accept any limits offer or sign anything.
It can be. NRS 690B.020 counts a vehicle as uninsured when the company writing its liability insurance denies coverage or is insolvent, not only when no policy exists. Keep the denial letter, send prompt written notice to your own insurer, and have both the denial and your own policy reviewed before any deadline runs.
On personal-injury matters, including uninsured and underinsured motorist claims, Clark Law Group states that consultations are free and you do not pay an attorney fee if there is no recovery. Fee terms for a specific matter are explained before you hire counsel. Contacting the firm does not create an attorney-client relationship.
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