I Was Hit by an Uninsured Driver in Las Vegas — What Are My Options?

Being hit by a driver who has no car insurance is a frustrating and stressful situation. Nevada requires all drivers to carry minimum liability insurance, but a significant number of drivers ignore this requirement. If you were injured by one of them, here's what you need to know.

Nevada's Uninsured Driver Problem

Despite the legal requirement to carry insurance, a substantial percentage of drivers on Nevada roads are uninsured or underinsured. Las Vegas, in particular, has one of the higher rates of uninsured motorists in the country. If you are injured by one of these drivers, your options depend on your own insurance coverage and the specific circumstances of the accident.

Option 1: Your Own Uninsured/Underinsured Motorist (UM/UIM) Coverage

The most practical and commonly used avenue for compensation after an uninsured driver accident is your own Uninsured Motorist (UM) coverage. If you have UM coverage on your Nevada auto policy, it can compensate you for:

• Your medical expenses
• Lost wages
• Pain and suffering
• Other damages

How Uninsured Motorist (UM) coverage works: When the at-fault driver has no insurance, you file a claim with your own insurance company under your UM policy. Your insurer steps into the shoes of the at-fault driver's insurer. They are required to evaluate and pay your claim up to the limits of your UM coverage — but they will still investigate and attempt to minimize the payout.

Underinsured Motorist (UIM) coverage works similarly — if the at-fault driver has insurance but their coverage is not enough to fully compensate you, your UIM policy can make up the difference up to your policy limits.

What to Do at the Scene

If you suspect the driver who hit you is uninsured:

• Call 911 and wait for police — a police report is essential
• Get the other driver's name, license plate number, driver's license number, and any insurance information they claim to have
• Take photos of both vehicles, all damage, and the scene
• Collect witness names and contact information
• Seek medical care promptly

Option 2: Suing the At-Fault Driver Directly

You always have the legal right to sue the uninsured driver who caused your accident and obtain a judgment against them. However, this option is only practically useful if the driver has assets or income from which a judgment could be collected. Many uninsured drivers have little in the way of collectible assets, which makes direct lawsuits a slower and less reliable path to recovery for most victims.

An attorney can help you assess whether the at-fault driver has anything worth pursuing, and whether a direct lawsuit makes sense alongside your UM claim.

Option 3: MedPay Coverage

If your auto policy includes Medical Payments (MedPay) coverage, it can help pay for your medical expenses regardless of who was at fault and regardless of whether the other driver had insurance. MedPay is a supplemental resource — it doesn't replace a full UM claim, but it can help cover immediate medical costs while your larger claim is resolved.

How an Attorney Can Help

Even when you're filing against your own insurance company, you need an attorney. Your insurer is not on your side — they are motivated to pay as little as possible on your UM claim. An experienced personal injury attorney can:

• Review your policy to understand exactly what coverage is available
• Negotiate with your insurer to maximize your recovery
• Advise on whether a lawsuit against the uninsured driver makes sense
• Protect you from lowball settlement offers

The attorneys at Cap & Kudler handle cases of all sizes, including those involving uninsured and underinsured drivers throughout Las Vegas, Henderson, Clark County, and Southern Nevada.

The information provided is for general informational purposes only and does not constitute legal advice. Every case is different — consult with a qualified Nevada personal injury attorney about your specific situation.

If you were hit by an uninsured driver in Las Vegas or Southern Nevada, call the personal injury lawyers at Cap & Kudler for a free consultation with an attorney.