What if the drunk driver who hit me only has minimum insurance?

Last updated October 7, 2026.

Your own underinsured motorist coverage is usually the next place to look. Nevada drivers need only $25,000 per person and $50,000 per crash in bodily injury coverage (NRS 485.185), and underinsured motorist coverage on your own policy pays the damages above the drunk driver's limit, up to your own limit (NRS 687B.145). Other policies, the driver's own assets, punitive damages and state victim programs can add to that.

Being hit by a drunk driver often means serious injuries, and the cheapest legal policy rarely covers them. This page lays out each source of money in the order it usually comes into play after a drunk driving accident in Las Vegas, and what Nevada law says about each one.

How do you fill the gap after a Las Vegas DUI crash?

Confirm the drunk driver's coverage. The crash report usually lists each driver's insurer and policy number. If no proof of insurance reaches the Nevada DMV within 60 days after an injury crash, the vehicle is presumed uninsured for uninsured motorist purposes (NRS 690B.020(6)).
Find every policy that may apply to the at-fault car. An owner's policy covers other people driving the car with the owner's permission (NRS 485.3091). If the drunk driver borrowed the car, both the owner's policy and any policy of the driver's own may matter.
Open a claim with the at-fault insurer. It pays up to its per-person limit for each injured person and up to its per-crash limit for everyone together. With minimum limits, that is $25,000 for one person and $50,000 for all injured people in the crash.
Give notice to your own insurer. Report the crash and ask whether your policy includes uninsured and underinsured motorist coverage and medical payments coverage. Read the policy's notice and settlement terms before you accept the other driver's limit.
Claim your underinsured motorist coverage. It pays the bodily injury damages you are legally entitled to recover from the drunk driver, to the extent they exceed the drunk driver's bodily injury limit, up to your own UIM limit (NRS 687B.145(2)). Our page on claiming underinsured motorist coverage in Nevada covers that claim in detail.
Look for other responsible people. An employer, a family member who owns the car, or someone who signed a teen driver's license application may share liability. Each is covered below.
Use the criminal case and state programs. The criminal court can order restitution, and Nevada's Victims of Crime Program may pay some expenses insurance does not.
File suit before the deadline if needed. An injury lawsuit generally must be filed within 2 years (NRS 11.190(4)(e)), and a punitive damages request against the driver goes in that same suit.

Where can the money come from?

Source	What it covers	Nevada rule
Drunk driver's liability policy	Bodily injury up to $25,000 per person and $50,000 per crash at the minimum; $20,000 property damage	NRS 485.185
Owner's policy when someone else drove	Covers people driving the insured car with the owner's permission	NRS 485.3091
Your underinsured motorist coverage	Bodily injury damages above the driver's limit, up to your UIM limit	NRS 687B.145(2)
Your uninsured motorist coverage	Applies if the driver had no coverage, or to the extent coverage was below the legal minimum	NRS 690B.020(3)(b)
Your medical payments coverage	Reasonable and necessary medical expenses from a crash, if you bought it (insurers must offer at least $1,000)	NRS 687B.145(3)
Driver's employer	Liability for an employee's conduct when the employer is responsible for it	NRS 41.130
Car owner, when an immediate family member drove with permission	Owner is jointly and severally liable with the driver	NRS 41.440
Signer of a minor's license application	Liable with the minor for the minor's negligence or willful misconduct while driving	NRS 483.300(2)
Drunk driver's own assets	Any judgment above insurance, including punitive damages	NRS 42.010
Restitution in the criminal case	An amount set for each victim at sentencing, enforceable like a civil money judgment	NRS 176.033(3); NRS 176.275
Victims of Crime Program	Some medical, wage and funeral costs not payable by insurance or another source	NRS 217.070, 217.200

What changes the answer

Whether you bought underinsured coverage, and how much. Insurers selling car and motorcycle policies in Nevada must offer uninsured and underinsured vehicle coverage equal to your bodily injury limits, and each renewal must include the offer form (NRS 687B.145(2)). Uninsured motorist coverage is included in Nevada auto liability policies unless a named insured rejected it in writing (NRS 690B.020(1)). Look at the declarations page to see what you actually have.

How many people were hurt. The at-fault driver's $50,000 per-crash limit is shared by everyone injured, and no one person can receive more than the $25,000 per-person limit from that policy. A crash with three injured people can leave each person with far less than $25,000 from the drunk driver's insurer. Our page on what Nevada's 25/50/20 minimum insurance pays walks through the math.

More than one policy of your own. A policy may limit your recovery to the highest single limit among overlapping coverages, prorated between them, but only if the limiting language is clear and prominently displayed. The limit is void if you bought separate coverage on the same risk and paid a full premium for it (NRS 687B.145(1)).

Your insurer and the drunk driver. An insurer that pays you under underinsured motorist coverage is not entitled to subrogation against the underinsured driver for that payment (NRS 687B.145(4)). Uninsured motorist coverage works differently: to the extent it pays you, your insurer is entitled to the proceeds of any recovery from the person legally responsible (NRS 690B.020(5)).

More than one at-fault party. Where comparative negligence is raised and recovery is allowed against more than one defendant, each defendant generally pays only its own percentage share of the judgment (NRS 41.141(4)). A second responsible driver or business adds a policy, but does not take on the drunk driver's share.

Punitive damages. Nevada allows punitive damages against a driver who caused injury while violating the DUI laws after willfully drinking or using a substance, and the usual cap does not apply (NRS 42.010). An insurer may cover punitive damages that do not arise from an act intended to cause injury (NRS 681A.095), but whether a policy does, and how much is left under its limit, depends on its terms. Our page on punitive damages against a drunk driver in Nevada explains the rule.

The bar or casino. Many people hope the place that served the driver can pay. Nevada law says a person who serves alcohol to someone 21 or older is not liable for the harm that person causes after drinking (NRS 41.1305). See whether you can sue the bar or casino that served the drunk driver.

Liens on what you recover. A hospital that treated you may have a lien on a settlement or judgment for the reasonable value of its care (NRS 108.590). Our page on hospital liens on Nevada car accident settlements explains how that affects a small policy limit.

For example: a $25,000 policy and a $150,000 injury

Imagine a hypothetical nurse named Lena, driving home on Rainbow Boulevard after a night shift. A driver who had been drinking runs a red light and hits her door. The driver is arrested. Lena has a fractured pelvis, surgery and four months off work. Her medical bills, lost wages and pain and suffering are, for this example, worth $150,000.

The drunk driver carries the Nevada minimum. Lena is the only injured person, so the driver's insurer offers its $25,000 per-person limit. Lena's own policy has $100,000 in underinsured motorist coverage. Her UIM claim covers damages above the driver's $25,000 limit, up to her $100,000 UIM limit. That brings her total from insurance to as much as $125,000.

A gap of about $25,000 remains, plus any punitive damages. Lena's options include a judgment against the driver personally, a restitution order in the criminal case, and an application to the Victims of Crime Program for eligible expenses no other source pays. Her hospital may have a lien that must be resolved from the recovery. Every figure in this example is hypothetical, and the actual value of a claim depends on its facts.

Common mistakes when the drunk driver is underinsured

Stopping at the other driver's policy. The at-fault limit is often the smallest piece. Your own underinsured coverage may be worth far more.
Not reading your declarations page. Many people do not know whether they bought underinsured coverage, or at what limit, until they look.
Accepting the limit without checking your own policy's terms. Read the notice and settlement provisions of your own policy before you sign anything with the at-fault insurer.
Missing a second policy. If the drunk driver borrowed a car, the owner's policy may cover the driver (NRS 485.3091).
Assuming the criminal case will pay you. Restitution may be ordered, but collecting it depends on the driver's ability to pay. Build the insurance claims first.
Waiting too long. The 2-year injury deadline (NRS 11.190) keeps running while the criminal case moves forward.

What to do this week

Get the crash report and note the drunk driver's insurer, policy number and the vehicle's owner.
Download or request the declarations page for every auto policy in your household.
Report the crash to your own insurer and ask, in writing, which coverages apply.
Write down whether the drunk driver was working, and whose car it was.
Keep every bill, receipt and pay stub in one place.
Read our post on how uninsured and underinsured motorist claims work.
Ask the prosecutor's office how to tell the court about your losses for restitution.

Frequently asked questions

Does underinsured coverage pay for my car?

Nevada's underinsured motorist rule is written for bodily injury damages (NRS 687B.145(2)). Vehicle damage usually goes through the drunk driver's property damage coverage, at least $20,000 under NRS 485.185, or through your own collision coverage if you have it.

What if the drunk driver had no insurance at all?

Then your uninsured motorist coverage is the main source, unless a named insured rejected it in writing (NRS 690B.020). Our page on what to do when the driver who hit you has no insurance covers that case.

Will my rates go up if I use my own underinsured coverage?

Nevada's underinsured motorist statute does not address premiums. Ask your insurer directly, and weigh the answer against the size of the gap you are trying to cover.

Can I still sue the drunk driver personally for the rest?

Yes. A judgment can exceed the insurance, and you can ask for punitive damages under NRS 42.010. Whether the judgment can be collected depends on what the driver owns and earns.

Can the Victims of Crime Program pay what insurance does not?

It may. People physically injured by a driver violating Nevada's DUI law can qualify as victims (NRS 217.070), and the program's own page says it does not pay expenses payable by insurance or another source. Our page on the Victims of Crime Program after a DUI crash covers eligibility and limits.

I was a passenger in the drunk driver's car. Does this still apply?

You may have a claim under the driver's liability policy and, depending on your own policy's terms, your own underinsured coverage. Riding with a driver you knew was drunk can raise a comparative fault argument, which reduces damages by your share and bars recovery if your share is greater than the defendants' (NRS 41.141).

If a drunk driver with little insurance hurt you in the Las Vegas area, attorney Maysoun Fletcher can review every policy and source available to you. Call 702-333-6339 for a free consultation, 24/7.