Quick Answer
If the at-fault person has no insurance in Nevada, you may still have multiple paths to compensation, but the strategy changes. The most important protection is Uninsured Motorist (UM) coverage, which Nevada requires insurers to offer and which many people carry without realizing it (NRS 687B.145). You can also pursue other available coverages (MedPay, health insurance, disability), investigate additional responsible parties (employers, vehicle owners, other drivers), and sue the uninsured driver directly, although collectability can be a major issue.
1) Confirm whether the at-fault driver is truly uninsured
“Uninsured” can mean:
- No policy existed,
- A policy existed but lapsed,
- A policy exists but coverage is denied (for example, non-permissive use), or
- A hit-and-run where the at-fault driver cannot be identified.
Nevada requires minimum liability insurance for vehicles operated in the state (NRS 485.185). Even so, uninsured drivers exist, and the civil case must be built for that reality.
2) The most important tool: your Uninsured Motorist (UM) coverage
A) Nevada’s UM/UIM statute
Nevada’s UM/UIM statute governs uninsured and underinsured motorist coverage (NRS 687B.145). In practical terms, UM coverage is designed to step into the shoes of the uninsured driver and pay damages you are legally entitled to recover, subject to policy terms and limits (NRS 687B.145).
B) UM claims are first-party claims
A UM claim is typically made against your own insurer. That changes the legal landscape because Nevada recognizes first-party bad faith and implied covenant duties when insurers unreasonably handle claims, including unreasonable delay or denial, depending on the facts (Pemberton v. Farmers Ins. Exch., 109 Nev. 789, 858 P.2d 380 (1993); Guar. Nat’l Ins. Co. v. Potter, 112 Nev. 199, 912 P.2d 267 (1996); Allstate Ins. Co. v. Miller, 125 Nev. 300, 212 P.3d 318 (2009)).
Nevada also regulates unfair claims practices (NRS 686A.310).
C) What you still must prove
UM does not automatically mean a check. You generally must prove:
- The uninsured driver was negligent,
- That negligence caused your injuries, and
- Your damages (medical causation, future care, wage loss, pain and suffering).
In Nevada, medical causation often requires competent medical testimony when the causal question is outside common knowledge (Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 111 P.3d 1112 (2005)).
3) Other sources of payment while the UM claim is pending
Even with UM coverage, treatment and bills start immediately. Depending on your situation, these may help bridge the gap:
- Medical payments coverage (MedPay) if available under your policy.
- Health insurance, with later reimbursement issues depending on plan terms and applicable law.
- Nevada Medicaid, if applicable, with Nevada lien and notice requirements (NRS 422.293; NRS 422.293001; NRS 422.293003; NRS 422.293005).
- Disability coverage and wage loss documentation.
Nevada’s collateral source rule principles generally prevent a negligent defendant from reducing their liability simply because collateral benefits paid (Proctor v. Castelletti, 112 Nev. 88, 911 P.2d 853 (1996)).
4) Do you still sue the uninsured driver? Often yes, but with realistic expectations
A) Why filing suit can still matter
Even if the driver is uninsured, filing a lawsuit may be necessary to:
- Preserve the statute of limitations (NRS 11.190(4)(e)),
- Establish legal liability and damages formally,
- Obtain discovery about the crash, and
- Create a record useful in a UM claim depending on policy structure.
B) The hard truth: collectability
Many uninsured drivers have limited assets. A judgment is not the same as money in the bank.
Nevada judgment enforcement is fact-driven, and Nevada exemptions can limit collection against certain property and income (NRS 21.090). This is why identifying insurance coverage and additional responsible parties is often more productive than focusing only on the uninsured driver.
5) Look beyond the uninsured driver, other defendants may create coverage
In many cases, the best “uninsured driver” recovery comes from finding other legally responsible parties, such as:
A) Employer liability
If the at-fault driver was working at the time of the crash, the employer may be liable under respondeat superior principles, depending on the facts and scope of employment (Molino v. Asher, 96 Nev. 814, 618 P.2d 878 (1980); Nat’l Convenience Stores v. Fantauzzi, 94 Nev. 655, 584 P.2d 689 (1978)).
B) Negligent hiring, training, supervision
If an employer or business entrusted driving to an unsafe person, direct negligence claims can apply in appropriate cases (Burnett v. C.B.A. Sec. Serv., 107 Nev. 787, 820 P.2d 750 (1991); Rockwell v. Sun Harbor Budget Suites, 112 Nev. 1217, 925 P.2d 1175 (1996)).
C) A vehicle owner or other responsible driver
Sometimes the vehicle owner’s insurance exists even when the driver is uninsured, depending on permissive use issues and policy language. Multiple-driver collisions also create additional defendants and apportionment issues under Nevada comparative negligence law (NRS 41.141; Café Moda, LLC v. Palma, 128 Nev. 78, 272 P.3d 137 (2012)).
6) Deadlines still apply, do not let the uninsured issue distract from the clock
Most Nevada injury claims must be filed within two years (NRS 11.190(4)(e)). Negotiating with insurers does not automatically extend that deadline.
Nevada legal authorities cited
- NRS 11.190(4)(e).
- NRS 21.090.
- NRS 41.141.
- NRS 422.293.
- NRS 422.293001.
- NRS 422.293003.
- NRS 422.293005.
- NRS 485.185.
- NRS 686A.310.
- NRS 687B.145.
- Allstate Ins. Co. v. Miller, 125 Nev. 300, 212 P.3d 318 (2009).
- Burnett v. C.B.A. Sec. Serv., 107 Nev. 787, 820 P.2d 750 (1991).
- Café Moda, LLC v. Palma, 128 Nev. 78, 272 P.3d 137 (2012).
- Guar. Nat’l Ins. Co. v. Potter, 112 Nev. 199, 912 P.2d 267 (1996).
- Molino v. Asher, 96 Nev. 814, 618 P.2d 878 (1980).
- Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 111 P.3d 1112 (2005).
- Nat’l Convenience Stores v. Fantauzzi, 94 Nev. 655, 584 P.2d 689 (1978).
- Pemberton v. Farmers Ins. Exch., 109 Nev. 789, 858 P.2d 380 (1993).
- Proctor v. Castelletti, 112 Nev. 88, 911 P.2d 853 (1996).
- Rockwell v. Sun Harbor Budget Suites, 112 Nev. 1217, 925 P.2d 1175 (1996).
If you need assistance with your personal injury case, don’t hesitate to contact Friedman Injury Law.
Friedman Injury Law
375 N. Stephanie St., Ste. 1411
Henderson, NV 89014
P: (702) 970-4222
W: blakefriedmanlaw.com