Contact Us

Downtown

626 S 10th St
NV 89101

702-382-9797

Summerlin

11441 Allerton Park Dr #100
NV 89135

702-684-6900

Henderson

9230 S Eastern Ave #155
NV 89123

702-463-2900

Reno

1320 E Plumb Lane Ste A
NV 89502

775-600-6000

Carson City

4530 S Carson Street Ste #4
NV 89701

775-297-3392

Free Consultation

702-382-9797
Se Habla Español
Get A Free Consultation 702-382-9797

Las Vegas Uninsured Motorist Accident Lawyer

Protecting Las Vegas Drivers Injured by Uninsured and Underinsured Motorists

5-Star Rated Las Vegas Wrongful Death Lawyers on Yelp 5-Star Rated Las Vegas Wrongful Death Lawyers on Google A+ Rated Las Vegas Wrongful Death Lawyers by BBB 10.0 Lawyer Rating on Justia 5-Star Rated Las Vegas Wrongful Death Lawyers on Avvo 5-Star Rated Las Vegas Wrongful Death Lawyers on Facebook
Ben J. Bingham and Joseph L. Benson

Table Of ContentsList icon for Table of Contents


Why You Need a Skilled Attorney for Your Nevada Uninsured Motorist Claim


When Your Uninsured Motorist Insurer Becomes Your Adversary


You pay your premiums on time, assuming your insurance company will protect you if the unthinkable happens. However, when you file an Uninsured Motorist (UM) or Underinsured Motorist (UIM) claim, the dynamic shifts instantly. Your insurance company is no longer your safety net; they become your legal adversary. Because the at-fault driver has no insurance, your insurer steps into their shoes to defend the claim, meaning their primary goal is to minimize your payout. At Benson & Bingham Accident Injury Law, we recognize this inherent conflict of interest. We aggressively litigate first-party claims against major insurance carriers to ensure they honor the contracts they sold you.

Common Insurance Adjuster Tactics That Can Undermine Your Uninsured Motorist Claim


Insurance adjusters are trained negotiators armed with a playbook designed to delay, devalue, or deny your claim. They will routinely demand sweeping medical authorizations to comb through your past health records, hoping to attribute your traumatic injuries to a pre-existing condition. They may force you to attend an “Independent Medical Examination” (IME) conducted by a doctor on their payroll whose sole purpose is to state you are healed and no longer require treatment. We block these bad-faith tactics. We strictly limit medical authorizations and counter their biased medical reports with testimony from top Nevada biomechanical experts and treating physicians.

Why You Should Never Give a Recorded Statement Without Legal Counsel


Shortly after your crash, your own adjuster will call asking for a “simple recorded statement” to process your claim. Do not agree to this. They will use leading questions designed to trap you into admitting partial fault. Nevada operates under a modified comparative negligence rule (NRS 41.141). If they can trick you into saying something that makes you appear even 1% more at fault, they can drastically reduce the value of your UM claim. Direct all communication to our litigation team. We act as a shield between you and the insurance company, ensuring your words are never weaponized against you.

Find Out What Your Uninsured Motorist Claim Is Really Worth—At No Cost to You

Understanding Uninsured and Underinsured Motorist Coverage in Las Vegas


What Is the Difference Between UM and UIM Coverage


While often grouped together, UM and UIM serve distinct functions. Uninsured Motorist (UM) coverage protects you when the at-fault driver has absolutely no auto insurance or flees the scene in a hit-and-run. Underinsured Motorist (UIM) coverage is triggered when the at-fault driver has insurance, but their policy limits are too low to cover your catastrophic damages. For example, if your medical bills are $100,000, but the at-fault driver only carries Nevada’s state minimum liability limit of $25,000, your UIM policy will kick in to bridge the $75,000 gap.

Is Uninsured Motorist Coverage Mandatory in Nevada?


No, UM/UIM coverage is not mandatory for drivers to carry in Nevada, but insurance companies are legally mandated to offer it to you. Under NRS 690B.020, your insurer must provide you the option to purchase UM/UIM limits equal to your bodily injury liability limits. If you choose not to carry it, you must explicitly reject the coverage in writing. If the insurance company cannot produce that signed rejection form, we can often force them to provide you with UM/UIM coverage retroactively through a legal doctrine known as “implied in law.”

How Stacking Your UM/UIM Coverage May Increase Your Limits in Nevada


If you own multiple vehicles insured under the same policy, or have multiple policies within the same household, Nevada law allows you to “stack” your UM/UIM coverage. For instance, if you have three cars, each with $50,000 in UM limits, we can stack those limits to provide you with $150,000 in available recovery. Insurance companies despise stacking and frequently try to write “anti-stacking” provisions into their contracts. However, pursuant to NRS 687B.145, these provisions must meet strict clarity requirements. We heavily scrutinize these policies to invalidate poorly written anti-stacking clauses and multiply your available compensation.

How Nevada’s Uninsured Motorist Laws Provide Protection in Las Vegas


Nevada law allows UM/UIM coverage to extend beyond just driving your own car. This coverage is attached to you, not just the vehicle. This means your UM policy can protect you if you are hit by an uninsured driver while walking in a crosswalk on the Strip, riding your bicycle in Summerlin, or even riding as a passenger in a friend’s vehicle. We leverage this broad statutory protection to find avenues of recovery that other attorneys frequently overlook.

Recovering Damages After a Hit-and-Run Accident in Las Vegas


Does Uninsured Motorist Coverage Apply to Hit-and-Run Accidents?


Yes. In Nevada, a driver who flees the scene of an accident is legally treated as an uninsured motorist. If you are the victim of a hit-and-run, your UM coverage is your primary source of financial recovery. However, securing this payout is not automatic. Your insurer will demand strict proof that the accident was actually caused by another driver and not your own negligence.

Proving Fault When the Other Driver Flees the Scene


When there is no at-fault driver to depose, proving liability becomes a complex investigative challenge. Our legal team deploys immediate resources to lock down the evidence. We subpoena traffic light cameras, secure surveillance footage from nearby Las Vegas businesses, track down eyewitnesses, and analyze paint transfers and debris fields. We build an airtight case that forces your insurer to accept that a negligent third party caused the collision.

Phantom Vehicle and Hit‑and‑Run Claims: What You Need to Prove


A “phantom vehicle” is one that causes your crash without actually making physical contact with your car—for example, a driver swerves into your lane, forcing you off the highway and into a barricade, then keeps driving. Nevada UM policies usually cover phantom vehicle accidents, but insurers fight them aggressively, often accusing you of falling asleep or overcorrecting. To win a phantom vehicle claim, the policy usually requires independent corroborating evidence, such as a third-party witness or video footage. We understand these high evidentiary burdens and know exactly how to satisfy them.

Compensation You Can Recover in an Uninsured Motorist Case


Economic Damages: Medical Bills and Lost Wages

Through your UM/UIM policy, we demand full compensation for all hard costs related to your accident. This includes emergency room visits, surgeries, physical therapy, and ongoing medical care. If your injuries prevent you from working, we calculate and recover your lost wages. For catastrophic injuries requiring long-term care, we retain vocational and economic experts to calculate your future loss of earning capacity and lifetime medical costs.

Non-Economic Damages: Pain and Suffering Compensation

Your economic losses only tell half the story. The physical agony of a shattered femur or the psychological trauma of an unexpected, violent collision requires separate compensation. Nevada law allows for the recovery of non-economic damages, including pain, suffering, loss of enjoyment of life, and emotional distress. We translate your invisible pain into hard financial figures, compelling your insurer to compensate you for the human toll of the accident.

Can You Recover Punitive Damages from Your Own Insurance?

Generally, in Nevada, you cannot recover punitive damages from your own UM/UIM policy. Punitive damages are specifically designed to punish the malicious or grossly negligent conduct of the at-fault driver (like a drunk driver). Because your UM insurer did not cause the crash, the courts do not force them to pay the penalty for the at-fault driver’s actions unless your specific policy language explicitly covers punitive damages—which is exceedingly rare. However, if your insurance company acts in “bad faith” during the claims process, we can file a separate bad-faith lawsuit against them, which can result in severe punitive financial penalties against the insurer.

Get to Know Our Uninsured Motorist Lawyers


Skilled Legal Advocacy For Las Vegas Injury Victims

Joseph L. Benson II, Wrongful Death Lawyer in Las Vegas

Joseph L. Benson II, Esq.

As the co-founder and managing partner of Benson & Bingham Accident Injury Lawyers, LLC, Joseph L. Benson II is a master strategist in high-stakes Nevada litigation. Admitted to the Nevada State Bar in 2000, he has spent over two decades dismantling corporate defenses across state, district, and federal courts. His relentless advocacy is backed by undeniable credentials, including consistent selection to Super Lawyers (2018–2025), a flawless 10/10 “Superb” Avvo rating, and a Notable peer rating from Martindale-Hubbell.

Recognized as a definitive voice in Nevada personal injury law, Joseph is frequently tapped by FOX, NBC, ABC, and the Las Vegas Review-Journal for expert legal analysis. He is an active force within the Nevada Justice Association, the American Bar Association, and the Clark County Bar Association. Whether prosecuting complex motor vehicle collisions, medical malpractice claims, or high-liability casino and hotel premises cases, Joseph operates with a single objective: maximum financial recovery. His proven track record of securing six-, seven-, and eight-figure verdicts cements his status as a premier advocate for injured Nevadans.

Learn More About Joseph L. Benson II, Esq.

Ben Bingham, Wrongful Death Attorney in Las Vegas

Ben Bingham, Esq.

A Nevada native and co-founder of Benson & Bingham Accident Injury Lawyers, LLC, Ben J. Bingham brings over 25 years of relentless courtroom experience to the firm. Admitted to the Nevada State Bar in 2000, Ben has dedicated his career to prosecuting catastrophic injury, wrongful death, defective product, and complex motor vehicle and rideshare liability claims. Partnering with his cousin, Joe Benson, to launch the firm in 2003, Ben has been a driving force behind the recovery of more than $600 million in settlements and verdicts for victims across the state.

His aggressive litigation tactics and undeniable results have earned him an exclusive seat in the Million Dollar Advocates Forum. Ben is a recognized authority in the legal community, holding a perfect 10/10 Avvo rating, a Notable peer rating from Martindale-Hubbell, and honors as a 2025 Super Lawyer. Consistently ranked among Nevada’s top injury attorneys by Expertise.com and Three Best Rated®, Ben maintains active leadership roles in the Nevada Justice Association and the American Association for Justice. His legacy is defined by unyielding client advocacy, professional integrity, and a refusal to back down against deep-pocketed defendants.

Learn More About Ben J. Bingham, Esq.

Benson and Bingham Injury Law: 25 Years of Excellence

25 Years Of Experience
In Las Vegas Personal Injury Law

See Our 5-Star Reviews from Satisfied Uninsured Motorist Clients

No Legal Fees Unless We Win Your Case

Our staff of attorneys, paralegals and team members is unparalleled in the State of Nevada. Our experienced team of attorneys, paralegals, case managers, and client care specialists is unlike any other PI firm in Las Vegas or Reno and unparalleled throughout the State of Nevada.
Client service is paramount at Benson & Bingham Injury Law, and we maintain this practice from start to finish. We survey clients after every case in order to continually improve our services.

I was involved in an accident and got hurt. Benson & Bingham went above and beyond for me against the insurance company and WON!! I’d recommend them to ANYONE seeking a firm who actually cares!! I’d give them 10 stars if I could!!

Jean L. ★★★★★

The service I experienced was beyond my expectations, the Reno office kept me informed the whole way, every question and every concern was addressed in a timely manner. I always felt heard and supported. I was involved in an accident at work and my life was completely changed around, Benson & Bingham at the Reno office got me through some of the toughest times.

Jennifer P. ★★★★★

I appreciate all the hard work and time this office has put into my case. I was in an automobile accident and came to Benson & Bingham for assistance. The staff followed up with me keeping me in the know and not over contacting me, which I really appreciate. Thank you for helping me reach the end of my case!

Shana C. ★★★★★

Benson & Bingham – Summerlin

5 ★★★★★ (315)

Personal Injury Attorney Las Vegas

Benson & Bingham – Downtown

4.9 ★★★★★ (941)

Personal Injury Attorney Las Vegas

Benson & Bingham – Henderson

4.9 ★★★★★ (235)

Personal Injury Attorney Las Vegas

Benson & Bingham – Reno

4.8 ★★★★★ (317)

Personal Injury Attorney Reno

Benson & Bingham – Carson City

5 ★★★★★ (24)

Personal Injury Attorney Carson City

Consistently Voted Among Nevada’s Best Personal Injury Firms

Injured By An Uninsured Driver In Las Vegas? Call Now For a Free Initial Case Evaluation

Benson & Bingham: Proven Results In Personal Injury Cases

Over $600,000,000 Recovered In Settlements For Injury Victims

T-Bone Car Accident: $2,000,000.00

Auto Rear End Accident: $2,000,000.00

Car Accident: $2,500,000.00

Steps to Take Immediately After an Accident with an Uninsured Driver


1

Why Filing a Police Report Is Critical for UM Claims

In a hit-and-run or uninsured motorist scenario, a police report is not just helpful—it is often a contractual requirement. Most UM insurance policies dictate that you must report a hit-and-run to the police within 24 to 48 hours for the coverage to apply. Failure to file this report gives your insurer an immediate loophole to deny your claim. Call Metro or Nevada Highway Patrol immediately and ensure an official report is generated.

2

Gathering Evidence at the Scene of the Crash

If you are physically able, treat the crash site like a crime scene. Take extensive photographs of the vehicles, the license plate of the other car (if they haven’t fled yet), skid marks, and weather conditions. If the other driver claims they don’t have insurance or tries to offer you cash on the spot, take a picture of their driver’s license anyway. Record the names and phone numbers of any witnesses, as their independent testimony is the most effective weapon against an insurer’s skepticism.

3

Seeking Immediate Medical Attention to Document Injuries

Adrenaline masks the pain of severe injuries like traumatic brain injuries (TBI) and internal bleeding. Go to an emergency room or urgent care immediately. From a legal standpoint, a delay in treatment is the number one excuse insurers use to claim your injuries were not caused by the crash. Immediate medical records create a chronological, undeniable link between the accident and your trauma.

4

Notifying Your Insurance Company Without Jeopardizing Your Claim

You have a contractual duty to notify your insurer of the crash promptly. However, notification is not an invitation to be interrogated. Simply inform them of the date, time, and location of the accident, and state that the other driver appeared to be uninsured. Do not speculate on your injuries and do not admit any fault. Once the claim is open, tell them your attorneys at Benson & Bingham will handle all further communications.

Wrongful Death Law Office In Las Vegas

Get Directions to OurLas Vegas Uninsured Motorist Law Office

Map Of Las Vegas, Nevada
Map Of Las Vegas, Nevada
626 S 10th St
Las Vegas, NV 89101

When you are hit by an uninsured driver, geography should not delay your legal strategy. With fully staffed offices in Downtown Las Vegas, Summerlin, and Henderson, our attorneys are available 24/7 to serve clients across the Valley, including Enterprise. We handle the entirety of your claim—securing immediate evidence, dismantling insurance company defenses, and relentlessly pursuing maximum compensation in court. We operate strictly on a contingency fee basis. We fund the fight, and you pay absolutely no upfront fees unless we secure a victory on your behalf.

The Statute of Limitations for Uninsured Motorist Claims in Nevada

The Difference Between Tort and Contract Filing Deadlines

When dealing with an uninsured motorist, the legal timelines are fundamentally different than a standard car accident. If you are suing an at-fault driver directly (a tort claim), Nevada’s statute of limitations (NRS 11.190) gives you two years to file a lawsuit. However, an Uninsured Motorist claim is a first-party claim against your own insurance company. Because this is a breach of contract issue, Nevada law generally affords you a six-year statute of limitations to file a lawsuit against your insurer for failing to pay UM benefits.

Despite this longer window, waiting is a critical mistake. Evidence degrades, witnesses disappear, and surveillance footage is overwritten. The sooner we initiate the UM claim, the stronger the evidence we can preserve to maximize your payout.

Tolling the Statute of Limitations for Minors

If the victim of an uninsured motorist crash is a minor under the age of 18, the statute of limitations is “tolled,” or paused, until their 18th birthday. In a tort claim against the driver, they would have until age 20 to file. However, parents and guardians should act immediately. Securing a settlement now allows you to place the funds into a blocked trust account, ensuring the money is earning interest and ready to cover the child’s future medical or educational needs the moment they turn 18.

Frequently Asked Questions About Uninsured Motorist Accidents

Will Filing a UM Claim Increase My Insurance Rates?

No. Under Nevada law (NRS 687B.385), an insurance company is strictly prohibited from increasing your premium, canceling your policy, or refusing to renew your coverage simply because you were involved in an accident that was not your fault. Filing a UM/UIM claim exercises a benefit you already paid for, and we will hold the insurer accountable if they attempt to penalize you illegally.

Can I Sue the Uninsured Driver Personally?

Yes, but it is rarely the most effective path. While we can easily obtain a court judgment against an uninsured driver, individuals who cannot afford basic auto insurance rarely have the personal assets, real estate, or liquid capital to satisfy a six-figure judgment. We will run an asset check to be certain, but your UM policy remains the most reliable and efficient way to secure the compensation you need.

What If the At-Fault Driver Offer a Cash Settlement at the Scene?

Never accept cash at the scene. An uninsured driver offering $500 to “keep insurance out of it” is trying to escape liability. That cash will not cover the cost of a single ER visit, let alone physical therapy, lost wages, or hidden structural damage to your vehicle. Furthermore, failing to report the crash can violate the terms of your own UM policy, leaving you with nothing when your real medical bills arrive.

Can I Recover Compensation If I Was Partially at Fault?

Yes. Nevada’s modified comparative negligence law applies. As long as you are 50% or less at fault for the crash, you can still recover damages through your UM policy. Your compensation will simply be reduced by your percentage of fault. If your insurer attempts to unfairly inflate your fault percentage to save themselves money, our litigation team steps in to shut that argument down.

Do I Have to Pay a Deductible for an Uninsured Motorist Claim?

In Nevada, there is no deductible for Uninsured Motorist Bodily Injury (UMBI) claims. If you are seeking compensation for medical bills, pain, and suffering, your UM limits are available from the very first dollar. A deductible only applies if you use your Uninsured Motorist Property Damage (UMPD) coverage to repair your vehicle, which typically carries a minor deductible (e.g., $250).

What Happens if I Don’t Have Uninsured Motorist Coverage?

If the at-fault driver has no insurance and you rejected UM coverage in writing, recovery becomes exceedingly difficult. We will conduct an exhaustive asset check on the driver to see if a personal lawsuit is viable. We also investigate third-party liability—such as a defective car part, a dangerous roadway condition, or an employer who may be vicariously liable if the driver was on the clock. If no coverage exists, we negotiate aggressively with your medical providers to reduce your medical liens and minimize your out-of-pocket debt.

Contact Benson & Bingham Personal Injury Law Firm For A Free Case Consultation

Types of Personal Injury Case
Best way to reply