A crash in Las Vegas with an uninsured or underinsured driver creates a familiar problem: the at-fault driver is known, but their insurance cannot cover the medical bills, lost wages, and other damages. Nevada’s mandatory minimum liability coverage is 25/50/20, increased from 15/30/10 on July 1, 2018 by Nevada DMV announcement of the minimum insurance increase. For serious injury crashes, those minimums are often exhausted before treatment is complete. In many cases, the victim’s own uninsured motorist (UM) and underinsured motorist (UIM) coverage becomes the path to full recovery.
At Bromson Law, we represent injured drivers, passengers, pedestrians, and cyclists across Clark County. An uninsured motorist accident lawyer in Las Vegas approaches these cases differently than a standard liability claim, because the victim’s own insurance company is the source of payment. We approach these claims with the same measured process we use across our broader Las Vegas car accident lawyer practice. Call (702) 213-0100 to schedule a consultation.
How Uninsured and Underinsured Motorist Claims Work Under Nevada Law
UM and UIM coverage exists because liability insurance alone often fails the injured victim. When the at-fault driver carries too little insurance or none at all, recovery depends on coverage the victim purchased for their own protection.
The Difference Between UM and UIM Coverage
UM coverage applies when the at-fault driver has no insurance. UIM coverage applies when the at-fault driver has insurance but not enough to cover the victim’s full damages. Both come from the victim’s own auto policy. Hit and run cases are typically handled under UM with specific Nevada requirements covered in detail on our Las Vegas hit and run accident lawyer page.
Nevada Requires Insurers to Offer UM and UIM Coverage
Under NRS 687B.145, every Nevada auto insurer must offer UM and UIM coverage in amounts equal to the bodily injury liability limits on the policy. A driver can reject the coverage, but the rejection must be in writing. Many people who think they declined the coverage actually have it.
Why Nevada’s Minimum Limits Are Often Not Enough
The 25/50/20 minimum required by NRS 485.185 covers $25,000 per person, $50,000 per crash for bodily injury, and $20,000 for property damage. A single hospital stay or surgery can consume the $25,000 per-person limit within days. When that happens, UIM coverage fills the gap.
When You Need a UM or UIM Claim
Identifying which scenario fits a specific crash is often the first practical question.
The At-Fault Driver Has No Insurance
Some drivers carry no insurance at all, despite Nevada’s mandate. Pursuing an uninsured driver personally rarely produces results because most uninsured drivers lack the assets to satisfy a judgment. In these cases, UM coverage steps in to pay the same way the at-fault driver’s policy would have.
The At-Fault Driver’s Insurance Is Not Enough
When the at-fault driver carries only minimum coverage but the victim’s medical bills, lost wages, and pain and suffering total far more, UIM coverage makes up the difference up to the victim’s own policy limit. The at-fault driver’s policy must typically be exhausted first.
When the At-Fault Driver Cannot Be Identified
When a driver flees and cannot be identified, the claim usually proceeds under UM with specific Nevada physical-contact and reporting requirements.
Common Injuries After an Uninsured Driver Crash
Uninsured drivers disproportionately cause serious injury crashes. The demographic overlaps with drivers who are impaired, driving on suspended licenses, or otherwise more likely to engage in unsafe behavior. Many uninsured driver cases also involve drunk driving accidents, since drivers facing DUI charges often drop their coverage to avoid premium increases. The result is higher-severity injury patterns than average.
Traumatic Brain Injuries
According to the National Highway Traffic Safety Administration on traffic safety, brain injuries from motor vehicle crashes can affect cognition, emotion, and physical function for months or years. Symptoms often develop hours or days after impact.
Spinal Cord and Orthopedic Injuries
Herniated discs, vertebral fractures, broken arms or legs, and joint damage are common. These injuries often require imaging, physical therapy, or surgery, with costs that can quickly exhaust a minimum liability policy.
Injuries to Pedestrians, Cyclists, and Motorcyclists
Vulnerable road users face the greatest exposure. Many of these cases connect to our Las Vegas pedestrian accident lawyer and Las Vegas motorcycle accident lawyer practices.
How UM and UIM Claims Get Paid in Nevada
The procedural mechanics of UM and UIM claims often determine whether recovery is full, partial, or denied. Several Nevada rules shape how these claims unfold.
Exhausting the At-Fault Driver’s Policy Before a UIM Claim
In most UIM scenarios, the at-fault driver’s liability policy must be exhausted before the UIM claim moves forward. This typically means accepting the policy limit from the at-fault insurer with proper notice to the UIM carrier. Sequencing the demands correctly protects the right to pursue the remaining damages.
The UIM Insurer Cannot Pursue the At-Fault Driver
Under NRS 687B.145, an insurer that pays a UIM claim is not entitled to subrogation against the underinsured driver who caused the crash. This Nevada-specific protection benefits injured victims and removes a disincentive that exists in other states.
Stacking UM and UIM Coverage Across Multiple Vehicles
When a household policy covers multiple vehicles, UM and UIM limits may sometimes stack, depending on policy language. Stacking can meaningfully increase the resources available to cover serious-injury costs.
Recorded Statements With Your Own Insurer in UM and UIM Claims
UM and UIM claims place the injured victim opposite their own insurance company. Adjusters often request recorded statements within hours of the crash, before injuries have been fully evaluated. Statements made early can be used later to dispute the severity of the injury. Clear documentation and early guidance help avoid these pitfalls.
High-Risk Areas for Uninsured Driver Crashes Across Clark County
Uninsured driver crashes happen throughout the region, with some corridors producing higher concentrations than others.
The Las Vegas Strip and Downtown
Las Vegas Boulevard, Tropicana Avenue, and Flamingo Road see constant traffic from drivers of every background, including rental drivers, out-of-state visitors, and impaired drivers. The downtown corridor and Fremont Street add heavy nightlife activity, which correlates with higher rates of uninsured and impaired driving.
I-15, US-95, and the Spaghetti Bowl
High-speed freeway corridors and the Spaghetti Bowl interchange produce crashes where minimum-coverage drivers cause damages far beyond their policy limits.
Henderson, Laughlin, and Mesquite
Uninsured driver crashes occur throughout Clark County, including along I-215, Eastern Avenue, and St. Rose Parkway in Henderson; Casino Drive in Laughlin; and the Mesquite Boulevard area.
Working With Bromson Law on a UM or UIM Claim
Erik A. Bromson brings more than 15 years of experience representing injured people across Nevada. An uninsured motorist accident lawyer approaches these cases differently than a standard liability claim, because the victim’s own insurer is the source of payment. That changes the strategic landscape from day one.
Insurance carriers handle first-party uninsured motorist and underinsured motorist claims differently than third-party liability claims. Clear documentation and consistent medical records protect the claim. We explain Nevada concepts like comparative negligence and the two-year statute of limitations under NRS 11.190 in plain language. These cases also connect to our Las Vegas personal injury lawyer practice when injuries are severe or involve multiple coverage sources.
Frequently Asked Questions About Las Vegas UM and UIM Claims
What Is the Practical Difference Between UM and UIM Coverage?
A specific example helps: if the at-fault driver’s policy maxes out at $25,000 and the medical bills total $80,000, the remaining $55,000 may be recoverable under UIM up to the victim’s own UIM policy limit. UM works the same way except the at-fault driver had no insurance to start with, so the entire $80,000 would come through the victim’s UM coverage up to the policy limit.
How Do I Know If I Actually Have UM/UIM Coverage on My Policy?
Check the declarations page of the auto policy. UM and UIM coverage appears as a separate line item with its own limits, usually labeled “Uninsured Motorist Bodily Injury” or shorthand like “UMBI” alongside dollar limits such as 25/50. If the line is missing or shows “rejected,” the policyholder signed a written rejection at some point. If the line shows any dollar amount, the coverage is in force regardless of whether the policyholder remembers selecting it.
Will Filing a UM or UIM Claim Raise My Insurance Rates?
Under NRS 687B.385, Nevada insurers cannot raise premiums, refuse renewal, or cancel a policy because of a claim where the insured was not at fault. The Nevada Supreme Court upheld this protection in Reinkemeyer v. Safeco (2001).
My UM or UIM Limit Is Lower Than My Damages. What Then?
UM and UIM recovery is capped at the policy limit. If injuries exceed all available coverage, options may include pursuing the at-fault driver personally for assets, identifying additional household policies, or examining whether an umbrella policy applies.
Can I Use UM Coverage as a Pedestrian or Cyclist?
Yes. UM coverage typically follows the insured person rather than the vehicle. A pedestrian or cyclist with their own auto policy, or who is a covered household member on someone else’s policy, may use UM coverage when struck by an uninsured driver. This applies even when no vehicle of the insured was involved in the crash.
What Does It Cost to Hire a UM or UIM Lawyer?
Erik A. Bromson handles personal injury claims on a contingency fee basis. There is no upfront cost. Fees are collected only if the case results in a settlement or verdict.
Talk With Bromson Law About Your UM or UIM Claim
A crash with an uninsured or underinsured driver leaves injured people with the same medical bills and lost wages as any other crash. The added frustration is that the at-fault driver’s coverage cannot make them whole. The decisions made early, particularly around recorded statements and policy review, often shape how the claim unfolds.
We take time to listen, review what happened, and explain how Nevada UM and UIM rules may apply. These claims involve the victim’s own insurance company as an adverse party, which makes early guidance especially valuable.
Appointments are available during weekends and holidays. If you or someone you love was injured by an uninsured or underinsured driver, call or text our uninsured motorist accident lawyer Las Vegas office at (702) 213-0100 to schedule a consultation.