By Edvin Jones, Attorney at Law | Edvin Jones Injury Law | Underinsured motorist coverage
Quick Takeaways
- Minimum liability coverage varies by state. Nevada, Arizona, and California have different minimum car insurance requirements.
- Minimum coverage may not cover serious injuries. Medical bills and other accident-related losses can exceed the at-fault driver’s policy limits.
- UM/UIM coverage may help protect you. Uninsured motorist (UM) and underinsured motorist (UIM) coverage may provide compensation when the at-fault driver has no insurance or insufficient coverage, subject to policy terms.
- Your own insurance company may dispute your claim. Even when you have UM/UIM coverage, you may need to document your injuries, losses, and entitlement to benefits.
- Review your policy after an accident. Your declarations page can help you identify your UM/UIM limits and available coverage.
- Legal guidance can help you understand your options. An attorney can review your policy, assess potential claims, and help you navigate the claims process.
Hit by an Uninsured or Underinsured Driver in Nevada, Arizona, or California?
Being injured in a car accident is stressful enough. But when the driver responsible for the crash has no insurance—or carries too little insurance to cover your losses—you may face an additional financial burden.
Medical bills, lost income, rehabilitation costs, and other expenses can add up quickly. Fortunately, your own auto insurance policy may provide another source of compensation through uninsured motorist (UM) or underinsured motorist (UIM) coverage.
The rules governing car insurance and UM/UIM coverage vary across Nevada, Arizona, and California. Understanding these differences can help you identify your options after a collision.
Minimum Car Insurance Requirements in Nevada, Arizona, and California
Each state establishes minimum liability insurance limits that drivers must generally carry. Liability insurance helps pay for injuries or property damage a driver causes to others, up to the applicable policy limits.
Here is a comparison of the minimum liability limits discussed in this article:
StateBodily Injury Per PersonBodily Injury Per AccidentProperty DamageNevada$25,000$50,000$20,000Arizona$25,000$50,000$15,000California$30,000$60,000$15,000
These figures represent the minimum limits described for each state. California increased its minimum requirements effective January 1, 2025, from the previous limits of $15,000 per person, $30,000 per accident, and $5,000 for property damage. California’s scheduled minimum limits are set to increase again in 2035 to $50,000/$100,000/$25,000.
Minimum requirements and applicable rules can change. Drivers should verify current requirements with their state insurance regulator or a licensed insurance professional.
Why Minimum Coverage May Not Be Enough
State minimum insurance limits are not necessarily sufficient to cover the losses from a serious collision.
For example, a hospital stay, surgery, diagnostic testing, physical therapy, and follow-up treatment can produce substantial medical expenses. A single hospital stay may cost more than $50,000, depending on the injuries and treatment required.
If the at-fault driver has only minimum liability coverage, the available policy limits may be exhausted before all of your accident-related losses are covered. You may also face difficulties recovering compensation if the driver has no insurance or limited personal assets.
This is one reason your own insurance coverage can be important.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage, commonly called UM coverage, may help pay for covered losses when the driver responsible for an accident has no applicable auto liability insurance.
Depending on your policy and the circumstances, UM coverage may help compensate you for covered bodily injuries and related losses, up to your policy limits.
UM coverage may also apply in certain hit-and-run situations. However, eligibility depends on your state’s law and your policy’s requirements. For example, the policy may require evidence of physical contact, a timely report, or other documentation in particular circumstances.
Does Your State Require UM Coverage?
Nevada, Arizona, and California have rules requiring insurers to offer certain uninsured or underinsured motorist coverage, subject to the applicable state law. In general, eligible policyholders may decline the offered coverage in writing.
The precise rules, available coverage types, and rejection requirements differ by state. Do not assume that every policy includes UM coverage automatically. Review your policy documents to determine what you purchased.
What Is Underinsured Motorist Coverage?
Underinsured motorist coverage, or UIM coverage, may help when the at-fault driver has liability insurance but the available coverage is insufficient to compensate you for your covered losses.
For example, imagine that another driver causes a serious accident and has a relatively low bodily injury policy limit. Your medical expenses and other damages may exceed that driver’s available coverage.
If you have applicable UIM coverage, your policy may provide additional compensation, subject to your coverage limits, policy terms, applicable offsets, and state law.
UIM coverage does not necessarily pay every dollar between your total losses and the at-fault driver’s policy limit. The amount available depends on the specific policy and legal rules governing the claim.
How UM/UIM Coverage May Help After an Accident
UM/UIM coverage can provide an additional avenue for pursuing compensation when the at-fault driver is uninsured or inadequately insured.
Depending on the policy, the accident, and the applicable law, coverage may help with eligible losses such as:
- Medical expenses related to covered injuries
- Future medical treatment associated with the accident
- Lost wages or qualifying loss of earning capacity
- Pain and suffering, where recoverable under the applicable policy and law
The available benefits depend on the policy’s coverage, limits, exclusions, and claim requirements. Not every type of loss is covered under every policy.
How to Check Whether You Have UM/UIM Coverage
Start by reviewing your auto insurance declarations page. This document typically summarizes your policy’s coverage types and limits.
Look for entries such as:
- Uninsured motorist bodily injury
- Underinsured motorist bodily injury
- UM/UIM coverage limits
If the information is unclear, contact your insurance company or agent and request written confirmation of your coverage.
Keep copies of your policy, accident report, medical records, bills, proof of lost income, and correspondence with the insurers. These documents may help establish the facts and value of your claim.
Why UM/UIM Claims Can Be Complicated
Some people assume that filing a claim with their own insurance company will be straightforward. Unfortunately, that is not always the case.
Even when you have purchased UM/UIM coverage, the insurer may investigate the accident, review your medical treatment, evaluate your claimed losses, and determine whether the policy applies.
1. Your Insurer May Dispute the Value of Your Claim
The insurance company may question whether all of your treatment was related to the collision, whether additional care is necessary, or whether the claimed damages are supported by the available evidence.
Detailed medical records, treatment documentation, bills, and other evidence can be important when responding to these disputes.
2. Multiple Insurance Policies May Be Involved
If the at-fault driver has some liability coverage, you may need to coordinate a claim against that policy with a potential UIM claim under your own policy.
The sequence of claims, settlement requirements, offsets, and other rules can affect the benefits available to you. Before accepting a settlement or signing a release, consider whether it could affect your ability to pursue additional compensation.
3. Deadlines and Policy Requirements Matter
UM/UIM claims may be subject to legal deadlines, policy notice requirements, cooperation obligations, and other procedural rules. These requirements can differ depending on the state, the policy, and the facts of the accident.
Promptly notifying your insurer and obtaining advice about applicable deadlines can help protect your options.
How an Attorney May Help With a UM/UIM Claim
When an uninsured or underinsured driver causes an accident, determining how to pursue compensation can be challenging. An attorney can review the available insurance coverage, assess the evidence, and explain the potential options under the law that applies to your case.
At Edvin Jones Injury Law, we assist injured people with understanding their rights and navigating insurance claims in Nevada, Arizona, and California.
Our approach may include reviewing the relevant policies, gathering evidence of injuries and financial losses, communicating with insurers, and evaluating whether a settlement adequately accounts for the covered damages.
Every claim is different, and no particular outcome can be guaranteed. However, understanding your coverage and the steps available to you can help you make informed decisions after a crash.
Injured by an Uninsured or Underinsured Driver? Contact Edvin Jones Injury Law
If you were injured in Nevada, Arizona, or California and the at-fault driver had no insurance or insufficient coverage, you may have options through your own auto insurance policy.
Edvin Jones Injury Law helps clients understand UM/UIM claims and pursue the benefits potentially available under their coverage.
We offer a free consultation to discuss your situation and explain possible next steps. Our firm handles cases on a contingency-fee basis under an agreed fee arrangement, meaning attorney fees are generally tied to recovery. The specific terms, including responsibility for costs, will be explained in the fee agreement.
Contact our office to discuss your accident, review your potential coverage options, and learn how we may be able to help.
Contact Us
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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws, insurance requirements, and policy terms vary by state and individual circumstances. Consult a licensed attorney about your specific situation.
Frequently Asked Questions (FAQ)
What happens if I am hit by an uninsured driver in Nevada?
If an uninsured driver causes your accident, you may be able to pursue a claim under your own uninsured motorist coverage, if you have applicable coverage. The available benefits depend on your policy, the evidence, and Nevada law. You may also have other legal options depending on the circumstances.
What is the difference between uninsured and underinsured motorist coverage?
Uninsured motorist (UM) coverage may apply when the at-fault driver has no applicable liability insurance. Underinsured motorist (UIM) coverage may provide additional benefits when the at-fault driver’s available insurance is insufficient to cover eligible losses. Both are subject to policy terms, limits, and applicable law.
Is UM/UIM coverage required in Nevada, Arizona, and California?
These states generally require insurers to offer certain UM/UIM coverage, but the rules differ by state and coverage type. Policyholders may be permitted to reject coverage in writing. Check your policy and the relevant state requirements to determine what coverage applies.
Can UM/UIM coverage help after a hit-and-run accident?
It may. Some policies cover qualifying hit-and-run accidents, but eligibility depends on state law and the policy’s conditions. Requirements may include prompt reporting, evidence of the accident, or other specific documentation.
What damages can UM/UIM coverage pay for?
Depending on the policy and applicable law, UM/UIM coverage may help pay for eligible medical expenses, lost wages, and other covered damages, potentially including pain and suffering where permitted. Coverage limits, exclusions, and other policy provisions affect what can be recovered.
What if the other driver’s insurance does not cover all my medical bills?
If you have applicable UIM coverage, you may be able to seek additional compensation under your own policy. The amount available depends on your policy limits, the at-fault driver’s coverage, applicable offsets, and state law.
Can my own insurance company deny or dispute my UM/UIM claim?
Yes. Your insurer may dispute coverage, liability, the relationship between your injuries and the accident, or the value of your losses. Review the reason for the dispute, preserve relevant documents, and consider consulting an attorney if you need help evaluating your options.
How long do I have to file a UM/UIM claim?
The applicable deadlines depend on the state, the type of claim, the policy language, and the circumstances. Policy notice requirements may also apply. Contact your insurer promptly and consult a licensed attorney to identify the deadlines relevant to your case.
Should I accept the at-fault driver’s insurance settlement before making a UIM claim?
Not without first checking how the settlement could affect your rights. Depending on the policy and applicable law, accepting a settlement or signing a release may affect a potential UIM claim. Review the relevant requirements before agreeing to a settlement.
How can Edvin Jones Injury Law help with an uninsured motorist claim?
Edvin Jones Injury Law can review your situation, explain potential UM/UIM coverage options, help assess the evidence supporting your losses, and assist with the insurance claims process where appropriate. The available legal options depend on the facts of your case and the law that applies.
