Nevada requires registered vehicles to carry liability insurance, but that rule doesn’t guarantee the driver who hit you has an active policy. Coverage can lapse, someone may be driving a vehicle they don’t own, or a driver who leaves the scene may remain unidentified. If an uninsured driver hits you in Sparks, protect the evidence and identify every potential source of coverage.
We have handled Nevada personal injury matters since 1988, and Attorney Steven J. Klearman provides direct answers to people facing difficult insurance questions after a crash. The steps taken in the first days matter, especially when the other driver’s lack of insurance changes the usual claims process.
Protect Yourself & Preserve the Crash Record
Your first priority is safety. Call 911 when anyone is hurt, move out of traffic if it’s safe to do so, and accept an evaluation for pain or symptoms that appear after the collision. Once the immediate danger has passed, begin creating a reliable record of the crash.
An at-fault driver’s statement that they have no insurance isn’t the final word on coverage. Police and insurers may need identifying information and other evidence to verify the vehicle’s status and determine what happened.
Before leaving the scene, take these steps if you’re able:
- Exchange names, contact information, license plate numbers, vehicle details, and insurer information.
- Get the responding agency’s report number and request the police crash report when it becomes available.
- Save photographs, videos, witness names, and witness contact information in more than one place.
- Seek medical attention promptly and follow the treatment plan recommended by your provider.
- Notify your own insurer promptly without guessing about fault or the extent of your injuries.
Handle Early Insurance Requests Carefully
An insurance adjuster might request a recorded statement or offer a release before the full extent of the injuries and available coverage is clear. We recommend speaking with an attorney before agreeing to a recording or signing a release.
A hit-and-run collision requires equally prompt documentation. Under Nevada uninsured motorist rules, the vehicle can qualify as uninsured when the physical-contact and prompt-police-report conditions are met. Report the collision immediately and preserve every fact that could help identify the vehicle.
Check the Coverage That Applies
When the at-fault driver has no coverage, look first to your own auto policy for available benefits. Nevada’s required liability insurance protects other people from a policyholder’s driving. It doesn’t protect the policyholder from an uninsured person who causes a collision.
Nevada’s liability coverage minimums are $25,000 for one person’s bodily injury or death, $50,000 for two or more people, and $20,000 for property damage in one accident. Those requirements apply to registered vehicles, but Nevada doesn’t require drivers to buy uninsured or underinsured protection.
Insurers must offer uninsured and underinsured motorist coverage at limits equal to the policyholder’s bodily injury liability limits unless the policyholder rejects or reduces the coverage in writing. Find your declarations page, which lists the coverages and limits you selected.
Look for these entries:
- Uninsured Motorist Coverage, for injuries caused by a driver who lacks liability coverage.
- Underinsured Motorist Coverage, for injuries exceeding the at-fault driver’s available limits.
- Medical Payments Coverage, for crash-related medical expenses regardless of fault, subject to policy terms and limits.
Nevada insurers must also offer at least $1,000 in medical payments coverage. Coverage availability depends on the policy language, the people insured under the policy, the vehicle involved, and the facts of the crash.
Understand the Two Main Routes for Recovery
A crash caused by someone without insurance usually presents two distinct paths: a direct claim against the at-fault driver and a claim under your own uninsured motorist policy. Each route involves different evidence, deadlines, and practical considerations.
A Claim Against the At-Fault Driver
Nevada follows a fault-based system. A person injured in a crash can seek several categories of damages from the responsible driver:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage, including vehicle repairs or loss
Nevada’s comparative negligence rule also matters. You can recover damages if you aren’t more than 50 percent at fault, but the amount is reduced by your share of fault. Evidence from the scene, witness statements, vehicle damage, and the police report can affect that assessment.
Winning a judgment is different from collecting it. An uninsured driver may have limited income or assets available to satisfy a judgment, so evaluate a direct claim alongside any available insurance coverage.
A Claim Under Your Own Policy
An uninsured motorist claim is made under your policy, but it still requires proof. Your insurer can evaluate fault, medical records, the connection between your injuries and the crash, the claimed damages, and whether the policy covers the incident.
After a Sparks crash, keep records that document both the loss and your communications:
- Policy correspondence
- Repair estimates
- Medical bills and records
- Wage-loss documentation
- Records of contact with the other driver
Don’t Let the Relevant Deadlines Pass
Different claims have different Nevada deadlines. These are general rules, and the applicable deadline depends on the type of claim and the facts of the case.
- Personal injury lawsuit: A lawsuit against an at-fault driver generally must be filed within two years of the crash.
- Vehicle damage lawsuit: A claim for damage to a vehicle or other personal property generally has a three-year filing deadline.
- Uninsured motorist dispute: A claim against your insurer is generally treated as a written-contract claim with a six-year limitation period. Under the Nevada Supreme Court’s Grayson v. State Farm decision, that period begins when the insurer formally denies the claim.
Don’t confuse a lawsuit limitation period with your duties under the policy. A policy can require prompt notice, cooperation, documentation, or participation in an examination before the insurer considers a claim. Waiting for the other driver’s insurance status to become clearer can create avoidable problems, so report the crash to your insurer without delay.
Review the Case Before Making Final Insurance Decisions
The choices become more complicated when a Sparks crash causes injuries requiring ongoing care, fault is disputed, or a hit-and-run driver can’t be found. A careful review should match the police report and medical records to the policy terms, then identify realistic sources of recovery before you provide a recorded statement or sign a release. Keep the crash record, repair information, and insurance correspondence together while evaluating those options.
For car accident legal help in Sparks, Law Offices of Steven J. Klearman & Associates offers free confidential consultations with Attorney Steven J. Klearman. Call (775) 573-0229 to discuss the crash and your insurance questions.