What Happens If the Person at Fault in an Accident Has No Insurance in Nevada?

Nevada follows an at-fault insurance system, meaning the driver who causes an accident is legally responsible for covering any resulting injuries and property damage. If the at-fault driver has valid insurance, their insurer typically handles the payment of claims. However, if the driver is uninsured or underinsured, they may still be personally liable for the damages they caused. Injured parties often need to file a civil lawsuit to pursue compensation in such situations. Fault determinations in these cases can be influenced by Nevada traffic violations and infractions, such as speeding, running a red light, or driving under the influence, which may serve as evidence of negligence in court.

Is It Illegal To Drive Without Insurance In Nevada?

Per NRS 485.187, operating a vehicle without insurance in Nevada is illegal. The statute also prohibits vehicle owners from allowing someone to manage their vehicle without insurance. Furthermore, motorists must also provide evidence of insurance to a peace officer upon request. Violating any of these laws can result in specific penalties. In Nevada, some of the penalties for driving without insurance include:

• SR-22 requirement
• A minimum of $250 to a maximum of $1,000 fine
• License reinstatement fees ranging from $250 to $750
• 30 days minimum license suspension for the third offense within five years.

What Is the Minimum Insurance Requirement in Nevada?

According to NRS 485.185, the minimum insurance requirement in Nevada includes:

• $25,000 for bodily injury or death of one person per crash
• $50,000 for bodily injury or death of two or more persons per crash
• $20,000 for injury to or destruction of property per crash

Nevada law does not require drivers to maintain uninsured/underinsured (UM/UIM) or Medical Payment (MedPay) coverages. Nonetheless, insurance companies must offer them as optional coverages that drivers can obtain for additional liability protection pursuant to NRS 687B.145

What To Do After A Car Accident With an Uninsured Driver in Nevada

Below are steps motorists who were involved in a car accident with an uninsured driver in Nevada can follow to protect their ability to recover compensation:

• Contact and report the accident to the appropriate local law enforcement agency: NRS 484E.030 requires motorists to report crashes to the nearest police station or the Nevada Highway Patrol as soon as possible if no police were present at the crash scene. Subsequently, a police report detailing the incident and noting the insurance statutes of the parties involved will be created.
• File a traffic crash report (SR-1) with the Nevada Department of Motor Vehicles (DMV): if the accident was not investigated by law enforcement and caused injury, death, or damage of more than $750, invloved parties must file Report of Traffic Crash (SR 1) with the Nevada DMV within 10 days per NRS 484E.070.
• Exchange information and take evidence of the accident: The involved parties must exchange personal and contact information, such as name, address, phone number, driver's license number, and plate number. Additionally, they must share insurance information and collect evidence of the accident, such as pictures and videos of the accident scene, damages to property, and other relevant details.
• Review insurance policy for uninsured motorist (UM) coverage: Motorists who have UM coverage in their insurance policy may be able to seek compensation for medical expenses, property damage, and other damages that they suffered as a result of the accident.
• Consider filing a personal injury lawsuit against the uninsured driver: A personal injury lawsuit is one way victims of a crash can seek compensation for injuries or damages they suffer due to an accident caused by an uninsured driver.
• Notify insurance provider: Insured victims of a crash should report the accident to their insurance provider and provide them with the facts of the accident.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Although retrieving compensation from the at-fault driver may be possible, operating a vehicle without insurance is illegal in Nevada. Hence, motorists can face different penalties, like fines, license suspension, and SR-22 requirement, for driving without insurance even when they were not at fault in an accident.

Can I Sue an Uninsured Driver in Nevada?

Yes. Victims of an accident can sue an at-fault uninsured driver for economic damages (i.e, medical expenses, lost wages, and property damages) and non-economic damages (i.e, pain, suffering, emotional distress, disability, and PTSD). Depending on the specifics of a case and the monetary amount an accident victim wishes to get, they can file their lawsuit with a District Court or Justice Court. The former handles civil cases involving more than $15,000, while the latter hears cases involving less than $15,000.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Nevada?

It depends on the type of insurance coverage. Individuals with collision coverage are eligible to receive compensation for damages to their vehicle due to an accident up to their insurance policy threshold, regardless of who was at fault. Meanwhile, those with uninsured/underinsured (UM/UIM) motorist coverage are entitled to compensation for medical expenses for injuries caused by an accident where the at-fault party is uninsured or underinsured. On the other hand, MedPay covers medical treatment expenses for injuries sustained due to accidents, regardless of who was at fault.

What Is Uninsured Motorist Coverage in Nevada?

In Nevada, uninsured motorist (UM) coverage provides protection against damages a policyholder incurs due to an accident caused by a driver who does not have insurance. It applies when the policyholder is not at fault in an accident and covers medical costs for injuries, lost wages, and other accident-related expenses. NRS 687B.145(2) states that insurance companies must offer UM coverage in insurance policies they sell, but it is not mandatory.

What If I Don't Have Uninsured Motorist Coverage in Nevada?

Suppose a motorist does not have uninsured motorist coverage and is involved in an accident caused by an uninsured driver. In that case, they may use any of the following to obtain compensation for damages:

A personal injury lawsuit against the at-fault driver:

The other party in an accident can file a personal injury lawsuit against the at-fault driver to get compensation for damages they sustained due to the accident. This lawsuit is usually necessary when the at-fault driver refuses to voluntarily compensate the victim(s) of the accident they caused. Depending on the monetary amount of compensation being sought, the lawsuit may be filed with a Nevada District Court (claims of more than $15,000) or Justice Court (claims of less than $15,000).

Apply for financial assistance through the Nevada Victims of Crime Program (VOCP): the VOCP provides financial assistance to victims of violent crimes, including victims of drunk driving accidents, that occurred in Nevada pursuant to NRS 217.010. Eligible individuals can apply for VOCP financial assistance by completing the VOCP application form and submitting it by mail, email, or fax to:

Victims of Crime Program
500 E. Warm Springs Road,
Suite 100
Las Vegas, NV 89119
Fax: (702) 486-2825
Email: VOCP@dcfs.nv.gov

Further information about the VOCP application process and eligibility of victims of crimes is available on the VOCP website.

How Do I Get Compensation from an Uninsured Driver in Nevada?

In Nevada, victims of accidents caused by uninsured drivers can file a lawsuit against them to obtain compensation. They can draft a formal complaint containing details about the case and the financial damages they seek from the defendant(s), file it with a court of appropriate jurisdiction, and pay necessary filing fees.

After filing the lawsuit, the court will issue a summons, and the plaintiff must serve it on the defendant alongside other relevant paperwork within 120 days. Subsequently, the defendant is allowed 20 days to respond to the summons and complaint per NRS 179.1171(6), or a default judgment will be rendered. If they agree to accept liability for the accident, settlement negotiations will commence, which may involve mediation or arbitration. However, if both parties can not settle, a court date will be scheduled, and the discovery phase will begin. Discovery allows both parties to exchange information and evidence before the trial. Both parties will present evidence and witness testimony during the trial to support their claims and arguments. Afterward, the judge or jury will determine the defendant's liability for the accident and the damages the victim suffered.

How Much Can You Recover From an Uninsured At-Fault Driver in Nevada?

Nevada Law does not limit the amount an individual can recover for an uninsured at-fault driver in an accident. However, the recovery process may be delayed due to the defendant's current financial situation, such as the availability of assets, income, and prior financial obligations, and other factors.

Nonetheless, the maximum damages a plaintiff can seek through a lawsuit filed with a Nevada Small Claims Court (Justice Court) is $15,000. Meanwhile, a District Court can issue judgments valued at above $15,000. It is worth noting that judgments incur interest over time, according to NRS 17.130. If no interest rate is specified, a judgment's interest rate is equal to the prime rate at the largest bank in Nevada.

How To Find Out If the At-Fault Driver Has Insurance in Nevada

Motorists can review the official accident report to ascertain whether the at-fault driver has insurance. The law enforcement agency that responded to the accident typically creates and maintains this report. It contains the accident scene details, the involved parties' personal information, including whether they have insurance, and other pertinent information. These reports are usually available within 7 to 14 days after the accident and are only available to parties involved, their legal representatives, and other eligible persons and entities.

Alternatively, interested persons can use the Nevada Department of Motor Vehicles (DMV) online insurance verification system to determine if the at-fault driver has insurance. However, the at-fault driver's access code, the last four (4) digits of their VIN, and license plate number are required to use the system. In litigation cases, information about each party's insurance policy or lack thereof will also be revealed during the discovery phase.

Are Accidents Public Record in Nevada?

Partially. Nevada Public Record Law, codified in NRS Chapter 239, requires government entities, including courts, to make their official records available to the general public, unless confidentiality is required by law or court order. As a result, accident-related court records are accessible to the public. However, police accident reports are protected and only available to parties involved in the accident and other eligible persons and entities, such as insurance companies.

Can You Go to Jail for Causing an Accident Without Insurance in Nevada?

No. The maximum punishment an uninsured motorist can receive for causing an accident is a maximum fine of $1,000 and a 30-day license suspension. Motorists who fail to provide proof of insurance are also subject to the same punishment. However, providing a false or forged insurance policy is a misdemeanor, punishable by up to six (6) months in county jail and a maximum fine of $1,000 per NRS 485.350 and NRS 193.120.

Can You Settle With an Uninsured Driver Out of Court in Nevada?

Yes. If both parties can reach a mutual agreement, they can settle out of court. A written car accident settlement agreement becomes binding and legally enforceable when both parties sign it.

Can I Get Compensation If I Was Partially at Fault?

Nevada adheres to a modified comparative negligence rule codified in NRS 41.141. This rule allows claimants to recover partial damages following an accident, provided they are no more than 50% responsible for causing it.