If the driver who hit you had no insurance, not enough insurance, or drove away, your own auto policy's uninsured and underinsured motorist (UM/UIM) coverage may help pay for your injuries. The Sookiassian Firm helps people in Las Vegas make these claims, and consultations are free.
The Sookiassian Firm is a Las Vegas personal injury and business law firm in Downtown Summerlin. Attorney Jaklin Sookiassian is licensed in Nevada and New York and speaks English and Armenian. We speak English, Armenian, Russian, and Farsi (Persian).
Call (702) 518-8584 or request a free consultation.
When the other driver can't pay: uninsured, underinsured, and hit-and-run crashes
Getting hurt in a crash is hard enough. Learning that the other driver can't cover your losses makes it worse. These cases usually fall into one of three groups:
- Uninsured driver: the at-fault driver has no liability insurance, or less than Nevada requires.
- Underinsured driver: the driver has insurance, but the limits are too low to cover your injuries.
- Hit-and-run driver: the driver left the scene and may never be identified.
In all three, the answer often starts with your own auto policy. Our Las Vegas car accident lawyer page covers crash claims in general. This page explains what happens when the other driver's insurance falls short.
How uninsured motorist (UM) coverage works in Nevada
Under NRS 687B.145(2), Nevada auto insurers must offer uninsured and underinsured motorist (UM/UIM) coverage, and under NRS 690B.020, uninsured motorist coverage is included in a policy unless the policyholder rejects it in writing. If you have this coverage, your own policy may help cover losses the other driver's insurance does not. It's worth checking your policy's declarations page soon after a crash.
Nevada requires UM coverage to be at least equal to the state's minimum bodily injury limits. When the coverage applies, you make the claim with your own insurance company instead of the at-fault driver's.
What counts as an "uninsured" vehicle
Under NRS 690B.020(3), the situations in which a vehicle may count as "uninsured" include these:
- the owner or driver has no liability insurance;
- the driver's coverage is less than Nevada's required minimum;
- the driver's insurance company denies coverage or becomes insolvent;
- the driver is unknown, as in a hit-and-run. Extra conditions apply, explained below.
Nevada law also presumes a vehicle is uninsured if no proof of insurance is given to the DMV within 60 days after an injury crash (NRS 690B.020(6)).
Did you reject UM coverage?
Your policy includes UM coverage unless a named insured rejected it in writing on the insurance company's form. After a written rejection, your renewals don't have to include UM coverage unless you ask for it in writing.
Many people don't remember what they signed when they bought their policy. Find your declarations page, or bring your policy to us and we'll go through it with you.
Underinsured motorist (UIM) claims: when their policy is too small
Nevada's minimum liability limits are $25,000 for one person's injuries, $50,000 for all injuries in one crash, and $20,000 for property damage (NRS 485.185). A serious injury can cost far more. Emergency care, surgery, therapy, and time away from work add up quickly.
Underinsured motorist coverage is built for that gap. Under NRS 687B.145(2), UIM coverage lets you recover damages above the at-fault driver's bodily injury limits, up to the limits of your own UIM coverage. Insurers must offer UM and UIM coverage in an amount equal to the bodily injury limits you buy.
To learn what goes into an injury claim, read our guides to personal injury damages in Nevada and what a car accident case may be worth.
Settling with the other driver and your UIM claim
Before you accept a settlement or sign a release from the other driver's insurance company, talk to a lawyer about how it could affect your UIM claim.
Hit-and-run accidents in Las Vegas
When a driver flees, you're left with injuries, a damaged car, and no one to hold responsible. You may still have options. For many hit-and-run victims, the path to recovery runs through their own uninsured motorist coverage. Nevada law can treat an unknown hit-and-run driver as an uninsured motorist when certain conditions are met.
Steps to take right away
- Get medical care. Call 911 if anyone is hurt.
- Call the police right away, and get the report or event number.
- Write down everything you remember about the vehicle: color, make, model, damage, any part of the plate, and which way it went.
- Look for witnesses, and get their names and phone numbers.
- Note any businesses, homes, or traffic cameras nearby. Video can be recorded over quickly.
- Photograph your injuries, your vehicle, and the scene.
- Tell your own insurance company about the crash.
For a fuller checklist, see what to do after a car accident in Las Vegas.
Why reporting matters for your claim
Under NRS 690B.020(3)(f), a UM claim for an unknown driver may depend on two conditions:
- Physical contact. The hit-and-run vehicle made contact with you or your vehicle.
- A timely police report. The crash was reported within the time Nevada's crash-reporting laws require, to the police department of the city where it happened or, in an unincorporated area, to the county sheriff or the Nevada Highway Patrol.
If no police officer is at the scene of a crash involving injury or death, NRS 484E.030(2) calls for the drivers involved to report it "forthwith." In plain terms, report the crash right away. Do this even if you feel fine at the scene.
Nevada also requires a written or electronic crash report to the DMV within 10 days if anyone was hurt or killed, or if damage reached $750 or more. This doesn't apply if a police officer investigated and the police report includes the insurance information (NRS 484E.070).
Leaving the scene is a crime
A driver who leaves the scene of a crash that caused injury or death commits a category B felony in Nevada (NRS 484E.010). The criminal case is separate from your injury claim.
If the driver is found later
If police identify the driver, you may have a claim against that driver and their liability insurance, if they have any. If your UM insurer has already paid you, it may have the right to recover what it paid (NRS 690B.020(5)).
Be careful about giving a recorded statement to the other driver's insurance company before you understand your rights.
What if the other car never touched you?
Sometimes a driver forces you off the road or into another lane, then drives away without making contact. This is often called a "miss-and-run." Because Nevada's hit-and-run UM rule refers to physical contact, these claims can be harder. The answer depends on the facts and on your policy's terms. Don't assume you have no options. Tell us what happened, and we'll review it with you.
Dealing with your own insurance company
A UM or UIM claim is made against your own insurer, but it is still an insurance claim. Your insurance company's interests can differ from yours. It may question how the crash happened, whether your treatment was necessary, or what your injuries are worth. An experienced lawyer can deal with the insurer for you.
Your policy may include a cooperation clause that requires you to help with the company's investigation, which can include giving a statement. Refusing a request from your own insurer may affect your coverage, so check your policy before you say no. You can ask what topics the statement will cover and schedule it for a time when you are prepared. You can also talk to a lawyer before you give it.
Arbitration clauses
Some auto policies contain an arbitration clause. NRS 690B.017 says no arbitration provision in an auto liability policy is binding on the named insured or any claimant. How that applies to a particular UM or UIM dispute is worth reviewing with a lawyer.
Medical payments coverage
Nevada insurers must offer at least $1,000 of medical payments coverage (NRS 687B.145(3)). If you bought it, your declarations page will show the amount.
Deadlines for UM, UIM, and hit-and-run claims
There can be more than one deadline in these cases.
- Lawsuit against the at-fault driver: Generally two years from the date of the injury for a personal injury lawsuit in Nevada (NRS 11.190(4)(e)).
- Claim against your own insurer: a UM or UIM claim rests on your insurance contract. Nevada courts generally apply the six-year deadline for written contracts (NRS 11.190(1)(b)) to these claims, counted from when your insurer denies or refuses to pay the claim, not from the crash. Your policy may also require prompt notice of the claim and proof of your loss, and may contain other terms that affect timing.
Claims against government entities are subject to special procedural rules and notice requirements under Nevada law.
Don't wait on any of these deadlines. Talk to a lawyer soon.
Who else may pay?
Another source of coverage is sometimes available. If you were walking, cycling, or riding as a passenger, your own policy or a household member's policy may still provide UM coverage, depending on its terms. If a rideshare driver, a commercial truck, or a drunk driver was involved, see our rideshare accident, truck accident, and drunk driving accident pages. We also help people hurt in pedestrian and motorcycle crashes, and families facing catastrophic injuries or a wrongful death.
If you were partly at fault
You can recover compensation even if you were partially at fault — as long as your share of fault is 50 percent or less. Your recovery will be reduced by your percentage of fault.
For a closer look, see our guide to comparative negligence in Nevada.
How we help with UM, UIM, and hit-and-run claims
When your own insurer is on the other side, you need someone in your corner. We fight for you at every step:
- reviewing your policy and declarations page with you;
- getting the police report and gathering evidence;
- looking for every insurance policy that may apply;
- handling communications with the insurance companies;
- filing a lawsuit if your claim does not resolve.
Talk to us in your language
We speak English, Armenian, Russian, and Farsi (Persian). Learn more on our Armenian-speaking, Russian-speaking, and Farsi-speaking personal injury lawyer pages.
Uninsured motorist and hit-and-run FAQs
What if the driver who hit me has no insurance?
Your own uninsured motorist (UM) coverage may help, if your policy includes it. Under NRS 687B.145(2), Nevada auto insurers must offer uninsured and underinsured motorist (UM/UIM) coverage, and under NRS 690B.020, uninsured motorist coverage is included in a policy unless the policyholder rejects it in writing. It's worth checking your policy's declarations page soon after a crash.
What if their insurance isn't enough to cover my injuries?
Your underinsured motorist (UIM) coverage may pay the difference, up to your own UIM limits. Under NRS 687B.145(2), UIM coverage lets you recover damages above the at-fault driver's bodily injury limits.
Can I recover after a hit-and-run if the driver is never found?
Possibly, through your own uninsured motorist coverage. Under NRS 690B.020(3)(f), an unknown hit-and-run driver can count as uninsured if the vehicle made physical contact with you or your vehicle and the crash was reported to police in time.
Do I have to report a hit-and-run to the police?
Yes. Report it right away. It is important for your safety, for the investigation, and because an uninsured motorist claim for an unknown driver may depend on a timely police report.
What if the hit-and-run car never touched me?
It depends on the facts, so talk to a lawyer. Nevada's hit-and-run UM rule refers to physical contact, which can make a no-contact claim harder. Your policy's terms also matter.
How long do I have to make a UM or UIM claim in Nevada?
It depends on the type of claim. A claim against your own insurer rests on your insurance contract, and Nevada courts generally apply the six-year deadline for written contracts (NRS 11.190(1)(b)), counted from when the insurer denies or refuses to pay the claim. Your policy may also require prompt notice and proof of your loss, and may contain other terms that affect timing.
Generally two years from the date of the injury for a personal injury lawsuit in Nevada (NRS 11.190(4)(e)). Claims against government entities are subject to special procedural rules and notice requirements under Nevada law.
Does UM coverage apply if I was a pedestrian, cyclist, or passenger?
It may, depending on how your policy defines who is insured. Some policies cover you, and members of your household, when you are walking, cycling, or riding in someone else's car. Check your policy, or bring it to a consultation.
Should I give a recorded statement to my own insurance company?
Your policy may require you to cooperate with your insurer's investigation, which can include a statement. Check your policy and get advice before you refuse or schedule it.
How much does a consultation cost?
The consultation is free. We handle personal injury cases on a contingency fee basis, which means our fee is a percentage of any recovery. If there is no recovery, you owe no attorney's fee. You may still be responsible for case costs, and in some cases a client may be liable for the opposing party's fees and costs if the case is lost.
What if I was partly at fault?
You can recover compensation even if you were partially at fault — as long as your share of fault is 50 percent or less. Your recovery will be reduced by your percentage of fault.
About attorney Jaklin Sookiassian
Jaklin Sookiassian is the founding attorney of The Sookiassian Firm. She is licensed in Nevada and New York and works from the firm's Downtown Summerlin office. She speaks English and Armenian. Learn more about Jaklin.
Related resources
- Las Vegas car accident lawyer
- Personal injury practice areas
- What to do after a car accident in Las Vegas
- Hit by a drunk driver in Las Vegas
- Personal injury FAQ
- Areas we serve
Hit by an uninsured or hit-and-run driver?
Call (702) 518-8584 or request a free consultation. Bring your policy's declarations page if you have it.
Request a Free Consultation · Call (702) 518-8584
No attorney's fee unless we recover compensation for you. You may still be responsible for costs.
The Sookiassian Firm · 1980 Festival Plaza Dr, Suite 460, Las Vegas, NV 89135 (Downtown Summerlin) · Open Monday–Sunday, 8:00 AM–6:00 PM · We speak English, Armenian, Russian, and Farsi (Persian).