Imagine this: You are driving down I-15 or navigating surface streets in Las Vegas when suddenly, another driver runs a red light and slams into your car. You are hurt, your car is wrecked, and when you ask the other driver for their insurance, they look at the ground and admit, "I don't have any."

This scenario is far too common. Despite Nevada's mandatory insurance laws, it is estimated that nearly 11% of drivers in Nevada[LR1] are uninsured. This puts responsible drivers at significant financial risk.

If you have been hit by an uninsured driver, you may feel like you are out of options—but you aren't. At The Walsh Firm, Ltd., we specialize in finding recovery paths where none seem to exist. Led by Robert J. Walsh, a former judge, we know exactly how to leverage your own insurance policy to ensure you aren't left paying for someone else's negligence.

Nevada's Insurance Requirements and the Uninsured Driver Problem

Under NRS 485.185, every driver in Nevada is legally required to carry "25/50/20" liability[LR2] insurance Specifically, drivers must carry at least:

• $25,000 for bodily injury to one person.
• $50,000 for bodily injury to two or more persons.
• $20,000 for property damage.

While driving without insurance is a misdemeanor punishable by fines, license suspension, and impoundment, these criminal penalties do nothing to pay your medical bills. When the at-fault driver has no coverage, you cannot rely on their insurance company to write you a check. You must turn to your own policy.

Your Primary Recovery Option: Uninsured/Underinsured Motorist (UM/UIM) Coverage

In Nevada, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage are packaged together. This is the single most important coverage you can have.

• Uninsured (UM): Pays your damages when the at-fault driver has zero insurance.
• Underinsured (UIM): Pays the difference when the at-fault driver has some insurance, but not enough to cover your bills.

How It Works:

If you have $50,000 in medical bills but the other driver only has the state minimum of $25,000, your UIM coverage can step in to pay the remaining $25,000 (up to your policy limit). Without this coverage, you would be personally responsible for that debt.

The "Must Offer" Rule

Under NRS 690B.020, insurance companies in Nevada are required to offer you UM/UIM coverage equal to your liability limits. You can only waive this coverage if you sign a specific written rejection form.

Pro Tip: If your insurance company denies your UM claim but cannot produce the signed waiver form you supposedly signed, The Walsh Firm can often force them to provide the coverage retroactively. This is a common oversight that "Hiring the Judge" can help uncover.

Maximizing Your Claim: "Stacking" Coverage

One of the most powerful tools in a Nevada UM claim is "stacking." If you own multiple vehicles and pay for stacking coverage, you can combine the policy limits of all your cars.

• Example: You insure 3 cars with $25,000 in UM coverage each.
• Non-Stacked: You can only recover $25,000 maximum.
• Stacked: You can recover $75,000 ($25k x 3).

Insurance adjusters rarely volunteer this information. An experienced personal injury attorney will review your declarations page to determine if you are entitled to stacked limits, significantly increasing the funds available for your recovery.

Additional Coverage: Medical Payments (MedPay)

While UM/UIM claims can take months to resolve, Medical Payments (MedPay) coverage is designed for speed. This optional coverage pays your medical bills immediately, regardless of who caused the accident.

• No Fault Required: You don't have to prove the other driver was at fault.
• No Deductible: MedPay typically kicks in from dollar one.
• Covers Co-Pays: You can use MedPay to cover your health insurance deductibles and co-pays.

When You Don't Have UM/UIM Coverage: Suing the At-Fault Driver

If you waive UM/UIM coverage and do not have MedPay, your options become more difficult. You retain the right to file a personal lawsuit against the at-fault driver under Nevada's general negligence laws (NRS 41.130).

However, the "judgment-proof" problem often arises: People who cannot afford insurance usually cannot afford to pay a lawsuit judgment.

While we can obtain a court order to garnish their wages or place liens on their property, this process can take years and yield small monthly payments. This is why we always recommend carrying robust UM/UIM coverage, because it is the only payout you can control.

Hit-and-Run Accidents: The "Physical Contact" Rule

If a driver hits you and flees the scene, your UM coverage treats them as an uninsured driver. However, Nevada law enforces a strict "Physical Contact Rule" for hit-and-run claims (NRS 690B.020).

To qualify, you generally must prove:

1. Actual Contact: The other vehicle must have physically touched yours. (Swerving into a wall to avoid a crash usually does not count).
2. Police Report: You must report the accident to the police immediately.
3. Diligence: You must try to identify the driver.

Steps to Take After Being Hit by an Uninsured Driver

1. Call the Police: A police report is mandatory for UM claims. Ensure the officer notes the other driver’s lack of insurance.
2. Gather Evidence: Take photos of the other driver’s license plate and VIN number if they stop. If they flee, write down any description immediately.
3. Do Not Accept Cash: Uninsured drivers often offer cash at the scene to avoid police involvement. Do not accept it. The damage is often worse than it looks, and your injuries may not appear for days.
4. Contact The Walsh Firm: We will file the claim with your insurer, handle all communication, and demand the full value of your policy.

Frequently Asked Questions

Will my rates go up if I file an uninsured motorist claim?

Generally, Nevada law prohibits insurers from raising their rates for an accident that was not your fault. However, insurers often find loopholes. Having an attorney manage the claim signals that you are watching them closely.

What is the statute of limitations?

You generally have two years from the date of the accident to file a lawsuit (NRS 11.190). However, your insurance policy may have much shorter deadlines for reporting the crash.

Do I need a lawyer for a claim against my own insurance?

Yes. In a UM claim, your insurance company’s goal changes from "protecting you" to "paying you as little as possible." They become the adversary. You need a legal team that isn't afraid to fight back.

Protect Your Rights with The Walsh Firm

Being hit by an uninsured driver feels like a double injustice. You are hurt, and the person responsible is breaking the law. Don't let your own insurance company add to that stress by denying the coverage you paid for.

If you have been injured by an uninsured driver in Las Vegas, contact The Walsh Firm, Ltd. today. We will review your policy for free, identify every available dollar, and fight to make you whole. Call us at 702-474-4660.