What are the steps to sue an uninsured motorist in Nevada?

If the at fault driver has no insurance, you can sue them in Nevada just like any other negligence defendant, but there are a few Nevada specific issues that matter in uninsured cases, especially deadlines, court selection, and collections.

This is general legal information, not legal advice for your specific situation.

1. Confirm “uninsured” and look for any other coverage

Before filing suit, we normally confirm whether there is truly no applicable insurance, because sometimes the driver is uninsured but there is coverage through another route, for example the vehicle owner’s policy, an employer policy if the driver was working, or another household policy.

Also, check your own auto policy for uninsured motorist coverage, because Nevada auto insurers must offer uninsured and underinsured vehicle coverage in an amount equal to the bodily injury limits on the policy, and that coverage is designed to pay what you are legally entitled to recover from the at fault driver, up to your own limits.

2. Open your uninsured motorist claim if you have UM coverage

Even if you plan to sue the uninsured driver, many injured people will pursue their own uninsured motorist claim at the same time, because collecting directly from an uninsured driver can be difficult.

Nevada’s UM and UIM framework is in NRS 687B.145, and it requires UM and UIM coverage (if its selected) to include a provision allowing the insured to recover from their own insurer up to the limits of their own coverage the bodily injury damages they are legally entitled to recover from the owner or operator of the other vehicle, to the extent those damages exceed the other driver’s bodily injury limits, including when the other driver has none.

Practical note, your policy will impose notice and cooperation duties, and many policies have an arbitration clause for UM disputes, so you want to involve counsel early if there are significant injuries.

3. Calendar the Nevada statutes of limitation

In Nevada, most injury lawsuits must be filed within 2 years. The general limitation statute is NRS 11.190, which includes a 2 year period for an action “for injuries to a person.”

Property damage claims to a vehicle commonly fall under the 3 year period in NRS 11.190 for “taking, detaining or injuring personal property.”

Important, different deadlines can apply in special situations, for example claims involving government entities, minors, or unusual tolling issues, so you should not rely on a general summary if the facts are atypical.

4. Decide which Nevada court to file in

Where you file depends largely on the amount in dispute.

Small claims, generally for smaller dollar cases

Nevada small claims actions are in justice court small claims, and the amount claimed cannot exceed $10,000.

Venue rules for small claims are in NRS 73.010, generally tying venue to where the defendant resides, does business, or is employed, and in injury cases also allowing the township where the injury occurred.

Justice court civil, mid range cases

Justice courts have civil jurisdiction for personal injury and property damage cases when the damages claimed do not exceed $15,000. For justice court venue in injury cases, NRS 66.010 provides that actions “in cases of injury to the person or property” must be commenced and tried in the township where the injury was committed or where the defendant resides.

District court, larger cases

If your damages exceed the justice court jurisdictional limit, you file in Nevada district court. For venue in district court, NRS 13.040 is the general rule for “other cases,” focusing on the county where any defendant resides at the commencement of the action, and if none of the defendants reside in Nevada, the plaintiff may designate a county in the complaint.

5. Draft and file the complaint, then get a summons issued

To sue the uninsured motorist, you file a civil complaint alleging negligence and describing your damages, then obtain a summons for service. In many cases, it also makes sense to evaluate whether anyone else should be named as a defendant, for example an employer, a negligent entrustment defendant, or another responsible entity, because uninsured drivers often have limited collectible assets.

6. Serve the uninsured driver properly and on time

Nevada has strict service timing. Under NRCP 4, the summons and complaint must be served no later than 120 days after the complaint is filed, unless the court grants an extension under the rule.

If service is not completed correctly, the case can be delayed or dismissed, and uninsured drivers can be especially hard to locate, so service diligence matters.

7. Expect an answer or pursue default if they do not respond

In district court, the defendant generally must serve an answer within 21 days after being served with the summons and complaint, and the Nevada Supreme Court has cited NRCP 12(a)(1)(A)(i) for that 21 day deadline.

If the uninsured driver does not respond, you can pursue default and then a default judgment, but you still must prove up damages, especially for medical causation and future care.

8. Litigate the case, discovery, experts, and case valuation

Once the case is at issue, the usual civil litigation steps follow, discovery, subpoenas, depositions, medical and liability experts when needed, and settlement discussions.

Nevada court annexed arbitration may apply

Many Nevada district court civil cases for damages are routed into nonbinding arbitration unless an exception applies. Nevada recently increased the dollar threshold, beginning January 1, 2026, the exemption threshold increased from $50,000 to $100,000 per plaintiff.

So if you file in district court, you should be prepared for the arbitration track unless the case meets an exemption.

9. Win a judgment, then focus on collection tools

A judgment against an uninsured driver is only as valuable as your ability to collect. Standard collection tools can include judgment debtor examinations, wage garnishment, bank levies, and liens, subject to Nevada exemption laws.

Nevada also has a powerful DMV related collection lever for crash judgments:

1. If the defendant fails within 60 days to satisfy a judgment entered as a result of a motor vehicle crash, the judgment creditor or the creditor’s attorney may forward a certified copy of the judgment to the Nevada Department.
2. Upon receipt of a certified copy of the judgment, the Department must suspend the driver’s license, registrations, and nonresident operating privilege of the person against whom the judgment was rendered, subject to statutory exceptions.

This process does not guarantee payment, but it can create real pressure to resolve the judgment or negotiate a payment plan.

10. The practical bottom line in uninsured cases

Suing the uninsured driver is procedurally straightforward, file timely, serve properly, prove liability and damages, obtain judgment, then collect. The real challenges are usually, locating and serving the driver, proving damages with strong medical support, and collecting on the judgment.