Uninsured and Underinsured Motorist Claims in Nevada Explained
Getting hit by another driver is stressful enough on its own. But what happens when you discover that the driver who caused your accident either has no insurance at all or carries a policy too small to cover your medical bills, lost wages, and other damages? This is a situation that far too many Nevada drivers face, and it is one you need to understand before you find yourself in it.
What Are UM and UIM Claims, and Why Do They Matter in Nevada?
Uninsured motorist (UM) coverage pays for your injuries and damages when the at-fault driver has no insurance whatsoever. Underinsured motorist (UIM) coverage kicks in when that driver does have insurance but their policy limits are too low to fully compensate you. For example, if your medical costs total $80,000 but the at-fault driver only carries $25,000 in bodily injury coverage, UIM coverage can bridge that gap up to your own policy’s limits.
Nevada law requires insurers to offer this protection to drivers. Under NRS 690B.020, every auto insurance policy issued in Nevada must include uninsured motorist coverage unless the insured rejects it in writing. Similarly, NRS 687B.145 requires that UM and UIM coverage be offered in amounts equal to the bodily injury liability limits on your policy. That means if you never signed a written rejection form, you likely have this coverage and may not even know it.
What Can You Recover Through a UM/UIM Claim?
If you have UM or UIM coverage and are injured by an at-fault driver, you can typically pursue compensation for a range of losses through your own insurer. These may include:
- Medical expenses, including emergency care, surgery, physical therapy, and future treatment
- Lost wages and diminished earning capacity if your injuries prevent you from working
- Pain and suffering, emotional distress, and reduced quality of life
- Property damage to your vehicle
It is important to understand that even though you are making a claim against your own insurance policy, the insurer does not automatically act in your best interest. Like any insurance company, they may try to minimize payouts, dispute the extent of your injuries, or question the circumstances of the accident.
Common Challenges When Filing These Claims
Insurance companies handle these claims very differently than a standard liability claim. Because you are now the policyholder making a demand, rather than a third party, you might expect the process to be smoother. In reality, your own insurer can still deny your claim, argue over coverage limits, or make lowball settlement offers. Disputes over whether the at-fault driver truly qualifies as “uninsured” or “underinsured” under the policy language are also common. Deadlines also matter significantly here. Missing internal claim reporting windows or Nevada’s two-year statute of limitations under NRS 11.190 can put your recovery at serious risk.
Contact Our Team to Pursue Your Claim
If you were injured by an uninsured or underinsured driver, we encourage you to reach out to us before you speak with any insurance adjuster. At Mainor Ellis Injury Lawyers, we have helped countless Las Vegas accident victims fight back against insurers who try to underpay or deny legitimate UM and UIM claims. Our Las Vegas uninsured motorist accident lawyers know the tactics insurers use and how to counter them effectively. Contact Mainor Ellis Injury Lawyers today at 702-450-5000 for a free consultation. We work on a contingency fee basis, meaning you pay nothing unless we win.
Source:
leg.state.nv.us/nrs/nrs-690b.html
