Common Situations Where Uninsured or Underinsured Coverage Matters

Accidents involving uninsured or underinsured drivers can take many forms. Understanding these situations helps drivers in Las Vegas see why uninsured motorist coverage and underinsured motorist coverage are so important.
1. Accident With an Uninsured Driver
Some drivers never purchase auto insurance. If an uninsured driver hits you, your own uninsured motorist policy may be the only way to recover for medical expenses, lost wages, and other damages.
2. Hit and Run Accidents
In Nevada, hit-and-run crashes leave victims without any way to pursue the at-fault driver. Uninsured motorist coverage steps in to provide protection when the responsible party cannot be identified.
3. Drivers With Insufficient Coverage
Many drivers only carry the minimum liability coverage required by Nevada law. This amount may cover small claims but rarely pays for hospital stays, surgeries, or long-term care. In these cases, an underinsured motorist claim can help bridge the gap.
4. Disputes With Your Own Insurance Company
Even with valid coverage, insurers sometimes refuse to pay reasonably. They may argue about the accident scene, dispute injuries sustained, or limit what uninsured motorist coverage pays. Legal support can be essential in these situations.
Filing a Claim Against an Uninsured Motorist
Filing a claim against an uninsured motorist can be challenging, but there are steps you can take to protect yourself and potentially recover damages. Here’s a general guide on how to proceed:
- Contact the Police: Always contact the police immediately after the accident to file a report. This is crucial for documenting the incident, even if the other party is uninsured.
- Gather Information: Collect as much information as possible from the other driver, including their name, address, and contact information. Also, try to get information from witnesses and take photos of the accident scene, the vehicles involved, and any visible injuries.
- Notify Your Insurance Company: Inform your insurance company about the accident immediately. Even if the other motorist is uninsured, your policy may have uninsured motorist (UM) or underinsured motorist (UIM) coverage to help cover damages and injuries.
- Uninsured Motorist Coverage: This is optional in some places but mandatory in others. It is designed to cover your losses caused by an uninsured driver. Depending on your policy and state, this can include medical bills, lost wages, and sometimes even property damage.
- File a Claim: If you have UM or UIM coverage, you must file a claim under your policy. Provide your insurer with all the necessary documentation, including the police report, photos, medical records, and receipts related to the accident.
- Consider Your Legal Options: If your insurance coverage is insufficient to cover your losses, or if you do not have UM/UIM coverage, consider taking legal action against the uninsured driver. Consulting with a personal injury attorney to discuss your options is often advisable. Remember, however, that if the other driver lacks insurance, they may not have the means to pay a judgment, making it difficult to recover damages.
- State-Specific Funds: Some states have uninsured motorist funds to help victims of accidents with uninsured drivers. These funds may provide a source of compensation for your injuries and damages. Check if your state has such a fund and, if so, the eligibility criteria for making a claim.
Preventative Measures: Review your auto insurance policy to ensure adequate UM/UIM coverage. This coverage can be invaluable in protecting you against losses caused by uninsured motorists.
What to Do If You’ve Been Hurt in an Accident with an Uninsured Motorist
If you get into an accident with them, you must file with your insurance company. An uninsured motorist claim needs to be filled out. There are several steps you should take to protect your rights at the scene of the accident.
- Contact law enforcement
- Acquire the driver’s name, contact information, and license number
- Get immediate medical attention
- Save any possible evidence from the scene
- Contact a Nevada auto insurance attorney to learn your options
Frequently Asked Questions About Uninsured Motorist Accidents
Nevada law prohibits an insurer from increasing your renewal premium because of an insurance claim for which you were not at fault. NRS 687B.385 also prohibits certain other adverse actions for that reason. This protection can apply to a UM or UIM claim arising from a crash you did not cause. It does not guarantee that your total premium will never change for other lawful reasons. If your premium changes after a claim, ask for an explanation and consider contacting the Nevada Division of Insurance if you believe the increase violates the law.
If you have applicable uninsured motorist coverage, it may compensate you for covered bodily injuries caused by an uninsured driver, up to the policy limits. UM coverage is optional in Nevada, so check your declarations page and policy rather than assuming you have it. Other options may include applicable medical payments coverage, health insurance, or a claim against a legally responsible person. Vehicle repairs generally require a separate coverage analysis, such as collision coverage. Keep evidence of fault and notify any potentially applicable insurer promptly.
Underinsured motorist coverage may help with covered injury damages that exceed the at-fault driver’s bodily injury liability limits, subject to your UIM policy and limits. Nevada requires insurers to offer UM and UIM coverage with qualifying passenger-car and motorcycle policies, but you should confirm whether you purchased it and which policies apply. Before accepting a liability settlement or signing a release, review how it affects your remaining claims. The total available recovery depends on the proven damages, applicable coverage, and any other legally responsible parties.

