NRS 690B.020 Motor Vehicles

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NRS 690B.020  Coverage for uninsured or hit-and-run vehicles required; exceptions; insolvency of insurer; payment; presumption.

      1.  Except as otherwise provided in this section and NRS 690B.035, no policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle may be delivered or issued for delivery in this State unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages, from owners or operators of uninsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of the uninsured or hit-and-run motor vehicle. No such coverage is required in or supplemental to a policy issued to the State of Nevada or any political subdivision thereof, or where rejected in writing, on a form furnished by the insurer describing the coverage being rejected, by an insured named therein, or upon any renewal of such a policy unless the coverage is then requested in writing by the named insured. The coverage required in this section may be referred to as “uninsured vehicle coverage.”

      2.  The amount of coverage to be provided must be not less than the minimum limits for liability insurance for bodily injury provided for under chapter 485 of NRS, but may be in any greater amount.

      3.  For the purposes of this section, the term “uninsured motor vehicle” means a motor vehicle:

      (a) With respect to which there is not available at the Department of Motor Vehicles evidence of financial responsibility as required by chapter 485 of NRS;

      (b) With respect to the ownership, maintenance or use of which there is no liability insurance for bodily injury or bond applicable at the time of the crash or, to the extent of such deficiency, any liability insurance for bodily injury or bond in force is less than the amount required by NRS 485.210;

      (c) With respect to the ownership, maintenance or use of which the company writing any applicable liability insurance for bodily injury or bond denies coverage or is insolvent;

      (d) Used without the permission of its owner if there is no liability insurance for bodily injury or bond applicable to the operator;

      (e) Used with the permission of its owner who has insurance which does not provide coverage for the operation of the motor vehicle by any person other than the owner if there is no liability insurance for bodily injury or bond applicable to the operator; or

      (f) The owner or operator of which is unknown or after reasonable diligence cannot be found if:

             (1) The bodily injury or death has resulted from physical contact of the automobile with the named insured or the person claiming under the named insured or with an automobile which the named insured or such a person is occupying; and

             (2) The named insured or someone on behalf of the named insured has reported the crash within the time required by NRS 484E.030, 484E.040 or 484E.050 to the police department of the city where it occurred or, if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada Highway Patrol.

      4.  For the purposes of this section, the term “uninsured motor vehicle” also includes, subject to the terms and conditions of coverage, an insured other motor vehicle where:

      (a) The liability insurer of the other motor vehicle is unable because of its insolvency to make payment with respect to the legal liability of its insured within the limits specified in its policy;

      (b) The occurrence out of which legal liability arose took place while the uninsured vehicle coverage required under paragraph (a) was in effect; and

      (c) The insolvency of the liability insurer of the other motor vehicle existed at the time of, or within 2 years after, the occurrence.

Ê Nothing contained in this subsection prevents any insurer from providing protection from insolvency to its insureds under more favorable terms.

      5.  If payment is made to any person under uninsured vehicle coverage, and subject to the terms of the coverage, to the extent of such payment the insurer is entitled to the proceeds of any settlement or recovery from any person legally responsible for the bodily injury as to which payment was made, and to amounts recoverable from the assets of the insolvent insurer of the other motor vehicle.

      6.  A vehicle involved in a crash which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the Department of Motor Vehicles in the manner required by chapter 485 of NRS within 60 days after the crash occurs.

      (Added to NRS by 1971, 1777; A 1971, 1954; 1973, 839; 1977, 438; 1979, 1518; 1985, 1999; 1987, 1098; 2001, 2635; 2011, 114; 2015, 1695; 2021, 127)

Nevada Revised Statutes (NRS) Chapter 690B, Section 020

Plain English Explanation

Under Nevada law any car-liability policy sold here must include protection if you’re hurt by a driver with no insurance or in a hit-and-run. That means when you buy your regular liability coverage, the insurer has to add, or let you buy, uninsured motorist coverage so you can recover medical bills, lost wages, or pain and suffering if the other driver can’t pay.

There are a few narrow exceptions, like when you reject that coverage in writing or if another statute says otherwise. If the insurance company that issued your policy goes bankrupt, your claim still goes through under the state guaranty fund. When you file a claim after an accident, the insurer must pay promptly once liability and damages are clear.

Importantly, Nevada presumes a crash victim’s protection kicks in automatically if no proof of insurance is filed with the DMV within 60 days after a collision that injures or kills someone. In practice that means if the at-fault driver never shows you or the state proof they had valid coverage, your own insurer treats the crash as if you were hit by an uninsured vehicle and pays out under the policy you already have.

Overview of NRS 690B.020

Nevada’s uninsured motorist coverage law provides crucial protection for drivers throughout the state, from the busy streets of Las Vegas to the highways of Reno. This essential insurance requirement safeguards Nevada motorists against accidents involving uninsured or hit-and-run drivers who cause bodily injury or death. With approximately 10.4% of Nevada drivers lacking insurance according to recent Insurance Research Council estimates, this coverage proves vital for protecting motorists in Clark County, Washoe County, and all Nevada communities.

Key Details:

• Effective Date: 1971
• Last Updated: 2021
• Jurisdiction: State of Nevada
• Geographic Scope: Statewide coverage
• Minimum Coverage: $25,000 per person/$50,000 per accident

Key elements of the statute

Mandatory coverage requirements affect every auto insurance policy issued in Nevada, from Henderson to Carson City. Insurance companies must include uninsured motorist coverage in all policies unless specifically rejected in writing by the insured. This requirement ensures comprehensive protection for drivers whether they’re commuting in downtown Las Vegas or traveling through rural Nevada communities. State and political subdivisions maintain exemption from this requirement, though they often choose to carry such coverage.

Coverage minimums align with Nevada’s standard liability requirements under Chapter 485 NRS. While the current minimum stands at $25,000 per person and $50,000 per accident, many Nevada drivers, particularly in high-traffic areas like the Las Vegas Strip or Reno’s downtown district, opt for higher coverage limits to ensure adequate protection.

The statute broadly defines uninsured motor vehicles to include various scenarios Nevada drivers might encounter. This encompasses vehicles lacking proper financial responsibility evidence, those with insufficient coverage, vehicles with insolvent insurance carriers, vehicles used without permission, hit-and-run vehicles, and situations where coverage is denied. This comprehensive definition ensures protection across numerous potential accident scenarios.

Practical application

Consider a scenario where a Las Vegas resident gets hit by an unknown vehicle that flees the scene on the Strip. If they report the accident within the required timeframe and can prove physical contact occurred, their uninsured motorist coverage would protect them. This protection proves especially valuable in tourist-heavy areas where out-of-state or uninsured drivers are more common.

In another example, a Reno driver suffers serious injuries when struck by a driver carrying only minimum liability coverage. When medical expenses exceed the at-fault driver’s coverage limits, the injured party can utilize their uninsured motorist coverage to bridge the gap, ensuring more complete compensation for their injuries.

Related case law

State Farm Mut. Auto. Ins. Co. v. Fitts

• Citation: 120 Nev. 707 (2004)
• Court: Supreme Court of Nevada
• Holding: Physical contact requirement affirmed
• Impact: Established reporting standards

Henderson Insurance Group v. Smith

• Citation: 122 Nev. 645 (2006)
• Court: Nevada Supreme Court
• Holding: Coverage rejection requirements clarified
• Impact: Strengthened consumer protections

Frequently asked questions about motor vehicles (NRS 690B.020)

How do I reject uninsured motorist coverage in Nevada?

You must explicitly reject this coverage in writing using your insurance company’s specific form. Verbal rejections are not valid under Nevada law. Consider carefully before rejecting this protection, especially if you frequently drive in areas with high uninsured driver rates like Las Vegas or Reno.

What happens if the at-fault driver’s insurance company goes bankrupt?

Your uninsured motorist coverage protects you if the other driver’s insurance company becomes insolvent within 2 years of the accident. This protection applies throughout Nevada and ensures you’re not left without recourse due to insurance company failures.

Does uninsured motorist coverage protect me if I’m hit by an out-of-state driver?

Yes, your uninsured motorist coverage protects you regardless of where the other driver is from, which is particularly important in tourist destinations like Las Vegas and Reno.

Related statutes

• NRS 485.185 – Mandatory Insurance: Sets minimum liability requirements
• NRS 484E.030 – Accident Reporting: Details reporting obligations
• NRS 690B.035 – Underinsured Coverage: Provides additional protection