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Does UM/UIM cover you if hit by a hit-and-run driver in Nevada?

Yes. Uninsured / under-insured motorist (UM/UIM) insurance covers you up to your policy limit if you are hit by a hit-and-run driver in Nevada. This is because hit-and-run drivers are treated as uninsured motorists, which therefore triggers your UM/UIM coverage.

UM/UIM coverage is optional in Nevada, but I advise you to carry it in the event you are hit by a driver who flees or has insufficient insurance to cover your damages.

What does UM/UIM insurance pay for?

Nevada automobile liability insurers offer two types of UM/UIM protection:

  1. Uninsured motorist bodily injury coverage. This pays for damages sustained by you and your passengers, such as medical expenses, lost wages, lost earning capacity, and pain and suffering.
  2. Uninsured motorist property damage coverage. This pays for repair costs to your vehicle.

I strongly recommend you carry as much UM/UIM insurance as you can afford. Even if the driver who cause your accident does not flee the scene, there is a good chance they are uninsured or have too small a policy to cover your compensatory damages.

Does UM/UIM insurance pay if I am at fault?

No. If you caused your car accident, your UM/UIM policy does not apply in Nevada. It does not matter if the other driver fled the scene.

If you were at fault, your regular liability insurance would kick in. In Nevada, you are required to carry a policy of at least 25/50/20, which means:

  • $25,000 for bodily injury or death per person,
  • $50,000 for total bodily injury or death per auto accident (to all people in the other vehicle), and
  • $20,000 for property damage to the other vehicle.

Three optional insurance policies that also pay if you are at fault are:

  1. Med Pay, which covers injuries to you and your passengers. Med Pay also covers injuries while you are a passenger in someone else’s vehicle or if you are a pedestrian hit by a car.
  2. Collision, which covers car repairs.
  3. Umbrella, which applies after you reach the policy limits of your other coverage.

I see accidents everyday that cause damages well into the five or six figures, especially if they involve truck crashes or motorcycle crashes . Ideally you should carry all these types of insurance at the highest limit you can manage.

The following chart compares the different types of insurance available in Nevada.

Insurance type in Nevada What it covers Required or optional At-fault party Minimum coverage
Bodily injury or death Injuries or death of people in the other vehicle Required You $25,000 per person, $50,000 per accident
Injury to or destruction of property Damage to the other vehicle or property Required You $20,000
Med Pay Your injuries and your passengers’ injuries Optional Regardless of fault At least $1,000
Uninsured/Underinsured motorist (UM/UIM)
Your injuries and your passengers’ injuries if the other driver has little or no insurance or commits hit-and-run Optional Other driver $25,000 per person, $50,000 per accident
Collision Damage to your vehicle Optional Regardless of fault Up to your car’s actual cash value

What do I do after a hit-and-run?

Call the police and notify your insurance company of your accident. Once you file an insurance claim, they will investigate the case to determine fault.

If your insurer finds you were mostly at fault and therefore not eligible to use your UM/UIM policy, you can hire a Nevada personal injury attorney to sue your insurer. In many cases I can show that my clients are no more than 50% at fault for their accident and therefore entitled to a UM/UIM payout.1

Typical evidence I rely on are my client’s medical records, photographs of the accident, video surveillance footage, and eyewitness accounts. Sometimes I even rely on an accident reconstruction expert to determine what happened second-by-second to determine fault.

Remember, your insurance adjuster works for the insurer, not for you. Their objective is to spend as little money as possible, and they will resist any claim. Sometimes you need an attorney fighting to get you every dollar you are entitled to under your policy.

See our related article, 10 Critical Steps to Take After a Nevada Car Accident.

How long does it take to get paid?

It depends on the case. Sometimes insurers pay right away, and others take weeks or more.

You can always rely on your private health insurance (or Medicare, if you have) to cover your medical bills following your accident. Though if your UM/UIM policy eventually pays out, your health insurer will seek reimbursement from those proceeds.

What if the hit-and-run driver turns up?

If the driver who hit you surfaces after your UM/UIM policy paid you, you do not have to do anything. Instead, your insurer will seek reimbursement from the driver’s insurance.

If your UM/UIM policy did not cover all of your damages, I can sue the driver for the balance of what you are owed. Most of these car accident lawsuits settle out of court, though if necessary I can take the driver to trial.

Hit-and-run victim standing on the road outside of his damage sedan holding up his hands in exasperation
UM/UIM insurance only pays if you are not at fault.

Additional Reading

For more information, see our related articles:


Legal References

  1. NRS 485.185.
  2. NRS 41.141. See, for example, Evans-Waiau v. Tate (Nev. 2022) 511 P.3d 1022; Abdulla v. Volungis (Nev. 2019) 439 P.3d 955.

About the Author

Picture of Michael Becker

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

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