Can I claim my own underinsured motorist coverage after the other driver's insurer pays its limit in Nevada?

Last updated October 7, 2026.

Yes, if your policy includes underinsured motorist (UIM) coverage and your injury damages are more than the at-fault driver's bodily injury limit. Nevada law requires that coverage to pay the amount above the other driver's limit, up to your own UIM limit. Your insurer also cannot turn around and sue the underinsured driver to get back what it pays you, which is one reason this coverage matters in so many Las Vegas car accident claims.

A UIM claim is a claim against your own insurance company. That changes the tone: the company that sold you the policy now has to evaluate your injuries, and Nevada regulations set deadlines it must meet. This page walks through the order of steps, the rules that change the result, and the mistakes that cost people money.

How does a UIM claim work in Nevada, step by step?

Most UIM claims follow this path. The timing in each step comes from Nevada's insurance regulations or from your policy.

Confirm the at-fault driver's limit in writing. Ask the at-fault insurer to state the bodily injury limit. Without it, no one can tell whether a UIM claim exists. Nevada's minimum is $25,000 per person (NRS 485.185); see what the 25/50/20 minimum pays.
Check your own declarations page. Look for UIM (sometimes listed with uninsured motorist coverage as "UM/UIM") and its limits. Ask your insurer whether there is more than one policy in your household that could apply. If the page shows liability coverage only, read what pays when you only have liability insurance.
Tell your insurer early, in writing, that you may make a UIM claim. Do it before you accept the at-fault driver's limit. Read your policy for any rule about notice or about getting the company's consent before you settle with the other driver.
Resolve the claim against the at-fault driver's insurer. Usually that means accepting its limit once your losses are clearly above it. Keep the settlement letter and release.
Send your insurer a complete proof of loss. Include medical records and bills, wage information, and a short summary of how the crash happened. The 30-working-day decision clock below starts from a properly completed proof of loss.
Your insurer acknowledges, investigates and decides. Nevada regulations require acknowledgment within 20 working days (NAC 686A.665(1)) and a decision within 30 working days after proof of loss, or a written explanation of why more time is needed (NAC 686A.675(1), (3)).
Payment or dispute. If the claim is accepted, payment is due within 30 days, with interest after that (NAC 686A.675(1)). If you disagree with the amount, your options include your policy's dispute terms, a complaint to the Nevada Division of Insurance, or a lawsuit.

How is UIM different from UM coverage?

The two are often sold together, but Nevada law treats them differently.

Question	Uninsured motorist (UM)	Underinsured motorist (UIM)
When it applies	The other vehicle has no insurance, below-minimum insurance, an insurer that denies coverage or is insolvent, or a driver who fled after contact and was reported to police in time (NRS 690B.020(3), (4))	The other driver has insurance, but its bodily injury limit is less than your damages (NRS 687B.145(2))
Is it in your policy automatically?	Yes, unless a named insured rejected it in writing (NRS 690B.020(1))	The insurer must offer it equal to your bodily injury limits; you choose whether to buy it (NRS 687B.145(2))
Can your insurer recover from the other driver?	Yes, from any settlement or recovery, to the extent it paid (NRS 690B.020(5))	No subrogation against the underinsured driver (NRS 687B.145(4))
Government vehicle with the $200,000 cap	The cap rule in NRS 687B.145(2) speaks only of underinsured coverage	Must cover actual damages above the cap, up to your limit (NRS 687B.145(2); NRS 41.035)

What deadlines does your insurer have?

Step	Nevada deadline	Rule
Acknowledge your claim	20 working days after notice, unless paid sooner	NAC 686A.665(1)
Begin investigating; send any forms you will need	20 working days after notice	NAC 686A.670(1)
Complete the investigation	30 days after notice, unless that cannot reasonably be done	NAC 686A.670(2)
Accept or deny	30 working days after a properly completed proof of loss; denials in writing, citing the policy provision	NAC 686A.675(1)
If more time is needed	Written reasons within 30 working days, then every 30 days	NAC 686A.675(3)
Pay an accepted claim	30 days after acceptance; interest after that	NAC 686A.675(1)
Warn an unrepresented claimant	60 days before a time limit may expire	NAC 686A.675(5)

For more detail on what happens when these deadlines are missed, see how long an insurer has to respond to a Nevada claim.

What changes the answer

Whether you bought UIM, and how much. The offer must equal the bodily injury limits you bought, and each renewal must include a copy of the offer form (NRS 687B.145(2)). If you declined, the insurer does not have to offer it again on a replacement or amended policy, but you can buy it by asking in writing.
The size of your damages. UIM pays damages for bodily injury that you are legally entitled to recover from the other driver, to the extent they exceed that driver's bodily injury limit (NRS 687B.145(2)). Your own share of fault reduces what you are entitled to recover (NRS 41.141), so it reduces the UIM claim too.
More than one policy. A policy may limit you to the highest single applicable limit, split between the policies, but only in clear and prominent language, and the limit is void if you paid a full premium for separate coverage on the same risk (NRS 687B.145(1)). Ask for every policy in the household before assuming only one applies.
The type of policy. UIM does not have to be offered with a general commercial liability, excess or umbrella policy that is not primary auto insurance for a specific vehicle (NRS 687B.145(5)). An umbrella policy may not add UIM unless it says so.
A government driver. Damages against the State, a city or a county are capped at $200,000 per claimant (NRS 41.035). UIM must cover your actual damages above that cap, up to your limit (NRS 687B.145(2)). See a crash with a government vehicle in Nevada.
A drunk driver. Impaired driving can open punitive damages against the driver personally (NRS 42.010), but UIM is written for damages for bodily injury. Our page on a drunk driver with minimum insurance explains how those claims fit together.
How your insurer handles the claim. Nevada lists unfair claims practices, such as failing to make prompt, fair settlements once liability is reasonably clear, and makes the insurer liable to its own insured for damages caused by them (NRS 686A.310). In a UIM claim, you are the insured.

For example: a serious injury and a $25,000 policy

Imagine a driver named Kevin. He is driving home on Sahara Avenue when a car swerves across the center line and hits him. Kevin needs surgery and is off work for months. The at-fault driver carries the Nevada minimum, $25,000 per person. Kevin's own policy has UIM coverage with a $100,000 per person limit. All figures here are hypothetical.

Kevin's medical bills, lost wages, future care and pain and suffering are valued at $140,000. Kevin writes to his own insurer that he may make a UIM claim, and he checks his policy for any consent rule before accepting the at-fault insurer's $25,000 limit. He then sends his insurer his records, bills and wage proof as a proof of loss.

Kevin's damages are $115,000 above the at-fault limit. His UIM coverage can pay that excess up to $100,000 (NRS 687B.145(2)). His insurer must accept or deny within 30 working days of the proof of loss, or explain in writing why it needs more time (NAC 686A.675(1), (3)). Because this is UIM, it cannot sue the at-fault driver to get its money back (NRS 687B.145(4)). The last $15,000 could only come from the at-fault driver personally, or from another policy if one applies.

Now suppose the insurer agrees Kevin is owed at least $60,000 but disputes the rest. Nevada requires payment of an undisputed portion where it can be made without prejudice to anyone (NAC 686A.675(7)), and the dispute over the remainder continues.

Common mistakes in UIM claims

Settling with the at-fault driver first and telling your insurer later. Your policy may require notice or consent before you accept the other driver's limit. Give notice in writing first.
Assuming you do not have UIM. People often confuse UM and UIM, or forget a second car's policy. Ask for every declarations page and any signed rejection form.
Sending an incomplete proof of loss. The 30-working-day decision clock runs from a properly completed proof of loss. Missing records give the insurer a reason to wait.
Treating your own insurer's adjuster as on your side. In a UIM claim, the company is weighing what it owes you. Keep statements factual and in writing.
Forgetting liens and repayment. Hospitals, Medicaid and others may claim part of the recovery. See how hospital liens work after a Nevada crash. If Medicaid paid, read how Medicaid repayment from a settlement works.
Missing a deadline because talks are friendly. The 2-year injury deadline against the at-fault driver (NRS 11.190(4)(e)) and any time limit in your policy keep running during negotiations.

What to do this week

Ask the at-fault insurer, in writing, for its insured's bodily injury limit.
Request your full policy, every declarations page in your household, and any signed UM or UIM rejection form.
Send your insurer a short written notice that you may make an underinsured motorist claim.
Read the policy sections on notice, consent to settle, proof of loss and disputes.
Collect medical records, bills and wage proof in one folder for the proof of loss.
Write down the date your insurer received each document, so you can track its 20- and 30-working-day deadlines.
Mark the 2-year injury deadline from the crash date on your calendar.

Frequently asked questions

Will my rates go up if I make a UIM claim?

Nevada's UIM statute does not address rates, and we cannot predict one insurer's pricing. What the law does say is that UIM exists to pay damages the at-fault driver's limit does not cover (NRS 687B.145(2)). Weigh that against the size of the unpaid loss.

Does UIM pay for my car?

The statute describes UIM in terms of damages for bodily injury (NRS 687B.145(2)). Car damage above the at-fault driver's property limit usually runs through your collision coverage or a claim against the driver. Our article on how UM and UIM claims work covers the general ideas.

What if the other driver had no insurance at all?

Then it is an uninsured motorist claim, not UIM, under NRS 690B.020. The steps are similar, but your insurer can recover from the at-fault driver to the extent it paid. See being hit by an uninsured driver in Nevada. Our article on dealing with uninsured drivers covers the first steps.

I was a passenger. Can I use UIM?

Possibly from more than one policy: the policy on the car you were in, and your own or a household policy. The order and limits depend on the policy language and on NRS 687B.145(1). Gather every policy before deciding.

I ride a motorcycle. Does UIM work the same way?

Yes. The offer rule in NRS 687B.145(2) covers motorcycles as well as passenger cars. Riders have extra coverage questions; see motorcycle insurance coverage in Nevada.

What can I do if my insurer ignores the deadlines?

Follow up in writing and keep copies. You can file a complaint with the Nevada Division of Insurance, which then asks the insurer for a response; see how to file an insurance complaint in Nevada. Unfair claims practices can also give you a damages claim against your own insurer (NRS 686A.310).

Is there a deadline to make a UIM claim?

Your policy may set its own notice and time limits, so read it now. If you do not have an attorney, Nevada requires your insurer to give you written notice 60 days before a time limit in the policy or a statute of limitations may expire (NAC 686A.675(5)).

If the other driver's insurance ran out before your losses did, attorney Maysoun Fletcher can look at your policy and the claim with you. Call 702-333-6339 for a free consultation; we answer 24/7.