Can I still recover if I had no car insurance when I was hit in Nevada?

Last updated October 7, 2026.

Often, yes. Nevada decides who pays for crash injuries by fault: you can recover from the driver who caused the crash as long as your own negligence was not greater than theirs (NRS 41.141). Driving uninsured is a separate violation with its own fines and license consequences (NRS 485.187, 485.326), and it does not by itself cancel your injury claim.

Many uninsured drivers never call anyone after a crash because they assume they have no rights, or they fear the penalties. Both worries are real, but they are about different things. In a Las Vegas car accident claim, the question of who pays for your injuries runs on one track, and the state's penalties for driving without insurance run on another. This page explains both, and what you lose by not having coverage.

What happens after an uninsured driver is hit in Las Vegas?

The two tracks start at the same time. Keeping them apart in your head makes each one easier to handle.

At the scene. Stop, exchange names, addresses and registration, show your license, and help anyone hurt (NRS 484E.010, 484E.030). An officer may ask for evidence of insurance, and an owner who fails to produce it commits a separate violation (NRS 485.187(1)(c)). Be truthful.
The crash report. If police investigated, the report may note each driver's insurance information, or the lack of it. Our guide on which agency handles your crash and how to get the report explains how to get a copy.
The DMV report, if police did not investigate. Nevada requires a written report to the DMV within 10 days of a crash with injury, death or $750 or more in damage (NRS 484E.070). The SR-1 form asks for a copy of your insurance and warns that if insurance was not in effect, your driving privilege and registration may be suspended under chapter 485. The duty to file still applies; see whether you must file an SR-1 crash report.
Your claim against the at-fault driver. You open a bodily injury and property damage claim with the other driver's liability insurer, the same way an insured driver would. That insurer owes for damages its driver caused, up to the policy limits.
The citation, if one was written. Driving without required insurance is a misdemeanor with a fine of $600 to $1,000 per violation, reduced to $100 for a first violation if you buy a liability policy by the time of sentencing (NRS 485.187(3)).
The DMV security process. After a crash with injury, death or more than $750 in damage to one person's property, an uninsured driver or owner who is not exempt may be required to post security. You are entitled to written notice and a hearing if you ask for it in writing within 15 days, and the hearing looks at whether there is a reasonable possibility of a judgment against you (NRS 485.190, 485.191, 485.193).

Two tracks: your injury claim and the penalties

Question	Your injury claim	Penalties for driving uninsured
What decides it	Fault for the crash (NRS 41.141)	Whether you had the required insurance (NRS 485.185, 485.187)
Who handles it	The at-fault driver's insurer, then a court if needed	The court that hears the citation, and the DMV
Possible outcome	Payment for your medical bills, lost income, pain and your car, reduced by any share of fault you carry	Fine of $600 to $1,000 ($100 for a first violation if you insure by sentencing); license suspension on conviction (NRS 485.187, 485.326)
Key deadlines	2 years for injuries, 3 years for vehicle damage (NRS 11.190)	15 days to request a DMV security hearing after notice (NRS 485.191); SR-1 within 10 days if police did not investigate (NRS 484E.070)
Getting back to normal	Settlement or judgment	Proof of financial responsibility kept for 3 years after reinstatement (NRS 485.326)

What changes the answer

Who caused the crash. Nevada's comparative negligence statute compares the negligence of the parties in causing the injury and does not mention insurance. If the other driver ran a light or rear-ended you, the missing policy does not make you the cause. If you share fault, your recovery is reduced by your percentage, and if your share is greater than the other side's, you recover nothing (NRS 41.141). The general rules on partial fault are in our post on being partially at fault for an accident.

The other driver's coverage. Your claim is only as collectible as the other side's policy or assets. Nevada's minimum is $25,000 per person and $50,000 per crash for bodily injury and $20,000 for property (NRS 485.185), explained in what Nevada's 25/50/20 minimum insurance pays. If the other driver was also uninsured, our post on dealing with uninsured drivers covers the options in general.

What you give up without your own policy. Uninsured and underinsured motorist coverage and medical payments coverage come from your own policy (NRS 690B.020, 687B.145). Without a policy, there is no UM or UIM claim to fall back on if the at-fault driver's limit runs out, and no med pay for early bills. For drivers who do have coverage, that fallback is described in underinsured motorist claims in Nevada. Drivers with liability-only coverage face a similar gap, covered in what pays when you only have liability insurance.

Whose car you were driving. If you were driving someone else's car with permission, the owner's liability policy must cover permissive drivers (NRS 485.3091). Ask that insurer what coverage on the car may apply to you. Nevada also makes it unlawful to drive another person's car without making sure evidence of insurance is in it or that your own policy covers you (NRS 485.187(2)).

The DMV security exemptions. The security and suspension rules do not apply in some situations, including when no one other than you was injured or had property damaged, when your vehicle was legally parked, or when you are released from liability or found not liable (NRS 485.200). The DMV's actions and findings in that process are privileged against disclosure at the trial of a damages case (NRS 485.300).

How your medical bills get paid in the meantime. Health insurance, Medicaid or a hospital's own billing may cover care before any settlement, and some of those payers have repayment rights later. See hospital liens on a car accident settlement. If Medicaid paid, read Medicaid repayment from a Nevada settlement.

For example: rear-ended on Charleston Boulevard without a policy

Imagine a hypothetical driver named Sam whose policy lapsed two months ago. Sam is stopped at a red light on Charleston Boulevard when a pickup rear-ends him. Sam's neck and shoulder are hurt and his car's trunk is crushed. Metro officers investigate, note that Sam had no proof of insurance, and cite him.

Sam's first instinct is to do nothing. Instead, he gets medical care, requests the crash report and opens a claim with the pickup driver's insurer. The adjuster's first call includes a question about Sam's coverage, and Sam answers truthfully. The adjuster then asks for his medical records and repair estimate like any other claim, because the question is whether the pickup driver caused the crash.

On the citation, Sam buys a liability policy before his court date. Under NRS 485.187, a first violation fine can then be reduced to $100. He also watches his mail for a DMV notice about security and is ready to ask for a hearing within 15 days.

The pickup driver carries the Nevada minimum. In this hypothetical, what Sam can realistically collect for his injuries may be capped by that $25,000 per-person limit unless the pickup driver has other assets, and Sam has no underinsured coverage to make up a shortfall. Every figure and fact here is invented to show how the rules interact.

Common mistakes uninsured drivers make after a crash

Not reporting or not getting care. Skipping the doctor or the report out of fear leaves no record of the injury and can create new legal problems. Our post on what not to do after a car accident covers other early errors.
Lying about coverage. A false answer to police, the DMV or an adjuster turns a fine into a credibility problem, and a false insurance document is its own violation (NRS 485.350).
Ignoring DMV mail. The 15-day window to request a security hearing is short. Missing it waives the hearing unless the Director allows a later one for good cause (NRS 485.191(3)).
Accepting a quick property-only payment. A check for the car that comes with a release can end the injury claim too. Read anything you are asked to sign.
Waiting to buy a policy. Getting insured by sentencing can lower a first-offense fine, and you will need proof of financial responsibility to reinstate a suspended license (NRS 485.187, 485.326).
Letting the 2-year deadline pass. The penalties and the claim run separately, and dealing with one does not pause the other (NRS 11.190).

What to do this week

Get medical care and keep every bill and record.
Request the crash report, or file the SR-1 with the DMV within 10 days if police did not investigate.
Open a claim with the at-fault driver's insurer and write down the claim number.
Get a liability policy before your court date if you were cited.
Watch for DMV notices about security, and if one arrives, request a hearing in writing within 15 days.
Photograph your car and get a repair estimate; the deadline to sue for vehicle damage is 3 years, and for injuries 2 years (NRS 11.190).

Frequently asked questions

Will the other driver's insurance refuse to pay because I was uninsured?

It may try to use the fact in negotiations, but its driver's liability is decided by fault under NRS 41.141, which says nothing about the injured person's insurance. If an insurer delays or denies on that basis, the deadlines it must meet are in how long an insurer has to respond in Nevada.

Can I lose my license even though the crash was not my fault?

Yes, for the insurance violation. A conviction for driving without required insurance leads to a license suspension that lasts until you show proof of financial responsibility, which you must then keep for 3 years (NRS 485.326). The DMV can also suspend registration when it cannot verify insurance (NRS 485.317).

Does the DMV security hearing decide my injury claim?

No. It decides whether there is a reasonable possibility of a judgment against you and how much security to require (NRS 485.193). Those findings are privileged against disclosure at the trial of a damages case (NRS 485.300).

What if I was partly at fault and uninsured?

The other driver can make a claim against you, and with no policy there is no insurer to defend or pay it. Your own claim is still reduced by your share of fault, and barred if your share is greater than the other driver's (NRS 41.141).

Were my passengers covered?

Your passengers can claim against the at-fault driver's liability coverage, and they may have coverage under their own auto policies. If you share fault, they may also have a claim against you.

Can I file a complaint if the other insurer treats me unfairly?

Yes. The Nevada Division of Insurance takes complaints about insurers' claim handling, and the steps are explained in how to file a complaint against a car insurance company in Nevada.

If you were hit in Las Vegas while you had no insurance, you can talk through the claim and the penalties with attorney Maysoun Fletcher. Call 702-333-6339 for a free consultation.