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Clark Law Group

Las Vegas Uninsured Motorist Lawyer

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.

What does an uninsured motorist lawyer in Las Vegas do?

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.

When does Nevada treat a driver as "uninsured"?

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)):

  • No proof of insurance on file. The Department of Motor Vehicles has no evidence of financial responsibility for the vehicle.
  • No coverage, or less than the minimum. No bodily-injury policy applied at the time of the crash, or the policy was below Nevada's required minimum, to the extent of the shortfall.
  • The insurer denies coverage or is insolvent. This includes an insurer that becomes insolvent at the time of the crash or within two years after it.
  • Use without permission. The car was used without the owner's permission and no policy covers the driver.
  • Use with permission, but the owner's policy excludes other drivers. No other policy covers the driver.
  • Hit-and-run. The driver is unknown or cannot be found with reasonable diligence, subject to the contact and reporting conditions below.

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.

How does an underinsured motorist claim work in Nevada?

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:

  • Your limits come from what you bought. Insurers must offer UM/UIM in an amount equal to the bodily-injury limits sold to you (NRS 687B.145(2)). They do not have to make that offer again on a replacement policy, but each renewal must include the offer form.
  • No subrogation against the underinsured driver. An insurer that pays UIM benefits is not entitled to subrogation against the underinsured motorist for the amount above that driver's limits (NRS 687B.145(4)). Uninsured coverage is different: a UM insurer that pays can claim the proceeds of a later recovery from the person responsible (NRS 690B.020(5)).
  • Government vehicles. If you were hurt by a state or local government driver, Nevada caps most tort awards against the government at $200,000 (NRS 41.035). UIM coverage must reach damages above that cap, up to your own limits (NRS 687B.145(2)).

What if it was a hit-and-run in Las Vegas?

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 happenedWho 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 CountyThe 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.

Can I settle with the at-fault driver's insurer before my UIM claim?

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.

Can I combine coverage from more than one policy?

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.

How long do I have to bring a UM or UIM claim in Nevada?

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.

ClaimDeadline rule
Injury lawsuit against the at-fault driverGenerally 2 years (NRS 11.190(4)(e))
Lawsuit against your own insurer for UM/UIM benefitsWritten 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 yearsHeld void as against public policy in State Farm v. Fitts (2004)
Hit-and-run reportWithin the time NRS 484E requires (NRS 690B.020(3)(f))
Notice to your insurerSet 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.

Does my own fault reduce an uninsured motorist claim?

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.

What an uninsured motorist claim file usually needs

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.

  • Coverage. Declarations pages and full policies for every policy that may apply, including household vehicles.
  • The other driver's coverage. A denial letter, a limits disclosure, or proof that no insurance was found.
  • Fault. The police report, photos, video, witness names, and vehicle damage.
  • Hit-and-run proof. Your report number, evidence of contact, and any canvass for cameras.
  • Damages. Emergency and follow-up treatment records, bills, wage loss, and how the injury affects daily life.
  • Notice. Copies of every notice and claim letter sent to each insurer.

Medical-payments coverage, if you have it, can help with bills while the claim is pending. The understanding insurance page explains how it works.

If your own insurer asks for a recorded statement

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.

What to do next after a crash with an uninsured or hit-and-run driver

  1. Get medical care. Tell the provider it was a car crash, and keep every record.
  2. Report the crash. Call 911 from the scene. For a hit-and-run, make sure a report is made to city police, the sheriff, or NHP, and keep the report number.
  3. File the DMV report if required. For an injury crash or $750 or more in damage, the driver must report to the DMV within 10 days, unless the officer's report contains the insurance details (NRS 484E.070).
  4. Notify your own insurer in writing. Do this promptly, and ask for a full copy of your policy and declarations page.
  5. Do not sign a release or accept a limits offer from the at-fault driver's insurer until your own policy has been checked.
  6. Preserve evidence. Keep photos, video, damaged parts, and witness names and phone numbers.
  7. Call Clark Law Group. Call 702-330-3272 or contact the office. Bring the report number, your declarations page, and any letters from insurers to the free consultation.

Who reviews injury work at this firm

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.

Sources

  • NRS 690B.020 — required uninsured vehicle coverage, definition of an uninsured vehicle, hit-and-run conditions, 60-day presumption
  • NRS 690B.470 — transportation network company insurance; UM/UIM optional
  • NRS 687B.145 — required UM/UIM offer, proration and stacking limits, underinsured coverage, no UIM subrogation
  • NRS 485.3091 — minimum liability limits
  • NRS Chapter 484E — duties after a crash and crash reporting
  • NRS 11.190 — periods of limitation
  • NRS 41.035 and NRS 41.141 — government tort cap and comparative negligence
  • Grayson v. State Farm Mut. Auto. Ins. Co., 114 Nev. 1379, 971 P.2d 798 (1998) — opinion text
  • State Farm Mut. Auto. Ins. Co. v. Fitts, 120 Nev. 707, 99 P.3d 1160 (2004) — opinion text

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.

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Clark Law Group

Personal Injury Lawyers

Missed work, medical bills, your family. We carry the legal weight so you can focus on recovering.

C. Jared Clark, Esq.
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C. Jared Clark, Esq.

Designated responsible attorney

Las Vegas personal injury attorney

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Before You Call

Common questions, answered

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.

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