Las Vegas Uninsured Motorist Accident Lawyer
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.
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Skilled Legal Advocacy For Las Vegas Injury Victims
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.
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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.
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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
A motorcycle accident insurance claim or personal injury lawsuit could lead to financial compensation for many of your economic and non-economic damages. Maximizing your case results with help from our lawyers can make it easier to move forward and rebuild your life.
Discuss the potential value of your individual motorcycle accident case with our Henderson attorneys. Settlements are calculated according to each victim’s unique circumstances. Our team will make sure your situation and losses are properly demonstrated for maximum impact.
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 Directions to Our Las Vegas Uninsured Motorist Law Office
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.
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Benson & Bingham:
Proven Results In Personal Injury Cases
$600M
Total Recovered
Over the past 25 years of service, Benson & Bingham’s Personal Injury lawyers have helped clients successfully recover a collective $600 million in compensation for personal injury cases throughout the state of Nevada.
Settlement
$4.25M
Motorcycle accident
Our focused expertise and aggressive representation led to a substantial $4.25 million recovery for a client involved in a motorcycle versus delivery vehicle accident. Benson & Bingham Accident Injury Lawyers, LLC consistently delivers outstanding results in complex cases
Millions in Motorcycle Settlements
Millions recovered for motorcycle riders who have suffered life-changing accidents across Nevada. Our experienced legal team has secured substantial settlements and verdicts for victims dealing with severe injuries, medical expenses, and lost wages. Benson & Bingham remains committed to protecting riders’ rights and helping them rebuild their lives after devastating crashes.
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.