Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
In Nevada, if the driver who caused a crash lacks active liability insurance on the date of loss, you still have several recovery paths. Below are the primary options:
1. File an Uninsured Motorist (UM) Claim
Under NRS 687B.145, insurers must offer uninsured motorist coverage. If your own auto policy includes UM coverage, you can submit a claim for bodily injury and property damage up to your policy limits. Review your declarations page or contact your insurer to confirm limits and deductibles.
2. Use Collision or Comprehensive Coverage
If you purchased collision or comprehensive coverage, you may recover vehicle repair costs by filing with your insurer. Collision coverage applies regardless of fault, minus your deductible. You can then seek reimbursement from the at-fault driver through a process called subrogation.
3. Sue the At-Fault Driver Directly
You may file a civil lawsuit against the uninsured driver for negligence. Under NRS 41.130 (statute of limitations), you generally have two years from the date of loss to file. If damages exceed small claims limits (<$10,000), you must file in district court; otherwise, file in small claims court.
4. Nevada Victims of Crime Compensation
If you suffered physical injuries in a hit-and-run or uninsured motorist crash, you may apply for benefits under the Nevada Victims of Crime Compensation Program. The program can help cover medical bills, lost wages and other out-of-pocket expenses. Visit dcfs.nv.gov/victims for eligibility and application details.
5. Wage Garnishment or Judgment Enforcement
After obtaining a favorable judgment, you can enforce it by garnishing wages, placing liens on real estate or levying bank accounts. Procedures appear in NRS 31.010–31.690.
Helpful Hints
- Promptly notify your insurer to preserve UM and collision rights.
- Keep detailed records: photos, repair estimates and medical bills.
- Consult an attorney before filing suit to evaluate collectability.
- File with the Victim Compensation Program within one year of the incident.
- Review your policy’s limits to determine maximum recovery.