What If the Other Driver Doesn’t Have Insurance in Nevada? - Cogburn Davidson Car Accident & Personal Injury Lawyers

Cogburn Davidson | July 21, 2025 | Car Accidents

At Cogburn Davidson Car Accident & Personal Injury Lawyers, we’ve represented injured Nevadans for nearly two decades, helping them recover hundreds of millions of dollars in compensation. With over 40 years of combined experience, our Las Vegas car accident attorneys know exactly what it takes to protect your rights, especially in challenging cases involving uninsured or underinsured drivers.

If a driver has hit you without insurance, you’re not alone and out of options. We’re here to help you navigate this complex situation and fight for the compensation you deserve.

Nevada Requires Insurance—So Why Is This Still a Problem?

Under Nevada law, all drivers are required to carry a minimum amount of car insurance, including:

$25,000 in bodily injury coverage per person
$50,000 per accident for bodily injury
$20,000 for property damage

Even with the legal requirement, one in eight drivers nationwide is uninsured, according to the Insurance Information Institute, which includes about 10% of drivers in Nevada.

When these drivers cause an accident, it can leave victims in a stressful financial position, especially if they have serious injuries and mounting medical bills.

What Happens If the At-Fault Driver Has No Insurance?

If an uninsured driver hits you in Nevada, the usual option of filing a claim against their liability policy is off the table. However, that doesn’t mean you’re out of luck. Depending on your circumstances, you may still be able to recover compensation through:

Your Own Uninsured Motorist (UM) Coverage

If you carry UM/UIM coverage, your insurance company may step in to cover your injuries, medical bills, lost wages, and more
UM coverage is optional in Nevada, but highly recommended
If you’re unsure whether you have it, we can review your policy for free

MedPay Coverage

This optional “no-fault” coverage can help pay for medical expenses regardless of who was at fault
It typically ranges from $1,000 to $10,000 in available benefits and can provide fast relief while other claims are processed

Collision Coverage

This portion of your auto policy covers the cost of repairing or replacing your vehicle after a crash, even if the other driver has no insurance

A Personal Injury Lawsuit

In rare cases, you may be able to sue the at-fault driver directly
However, uninsured drivers typically don’t carry insurance because they cannot afford it, which often means they may lack sufficient assets to pay a court judgment
Our team can investigate the driver’s financial status and help you decide whether this path is worth pursuing

What If the Driver Leaves the Scene?

If the uninsured driver also flees the scene—making it a hit-and-run—you may still be covered by your uninsured motorist policy. Under Nevada law, NRS § 687B.145(2) requires insurers offering UM coverage to honor claims involving unknown or hit-and-run drivers, as long as there’s evidence of the accident.

Even if the driver can’t be found, we may still be able to build a strong case using:

Witness statements
Traffic camera footage
Police reports
Vehicle damage patterns
Medical documentation

What Compensation Can I Recover?

Even if the at-fault driver has no insurance, you may still be entitled to:

Economic Damages

Medical expenses (ER visits, surgery, rehab)
Future treatment or care costs
Lost wages and future earnings
Vehicle repairs and property damage

Non-Economic Damages

Pain and suffering
Emotional distress
Loss of enjoyment of life
PTSD or anxiety
Permanent disfigurement or disability

Don’t Wait—You Have a Limited Time to Act

In Nevada, you have two years from the date of the accident to file a personal injury claim against an uninsured driver or to bring a lawsuit under your UM policy (NRS § 11.190(4)(e)). However, insurance policies may impose shorter contractual deadlines, sometimes as little as 6 to 12 months.

We’re Here to Help.

Even if you’re filing a claim with your own insurance company, fair treatment isn’t guaranteed. Insurers often delay payouts, undervalue claims, or deny valid coverage to protect their bottom line. It’s not personal—it’s profit-driven. That’s exactly why having a skilled legal team in your corner matters.

At Cogburn Davidson, we step in to handle the legal and insurance fight for you. We carefully review your policy—including uninsured motorist, underinsured motorist, MedPay, and collision coverage—and deal directly with your insurer to prevent pressure tactics or lowball offers.

We also gather and preserve key evidence, protect you from being unfairly blamed, and pursue full compensation for your medical expenses, lost income, and pain and suffering. And if your insurer refuses to do the right thing, we’re fully prepared to take your case to court.