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A car accident can leave you with many questions. You may be wondering who pays for your injuries, how long you have to file a claim, or whether you should accept the insurance company’s first offer.
These Nevada car accident FAQs answer some of the most common questions we hear from injured drivers and passengers. If you need advice about your specific situation, a Las Vegas car accident lawyer can review your case and explain your legal options.
Nothing here is legal advice for your exact case, and every situation is different. Use this as a starting point, then get advice tailored to what happened to you.
You generally have two years from the date of the crash to file a personal injury claim in Nevada. Property-damage claims have a longer window.
This deadline is governed by the statute of limitations, NRS 11.190(4)(e). If you miss it, the court can throw your case out, no matter how serious your injuries are. There are a few situations that can change the timing, such as claims involving a minor or a government entity, so the safest move is to confirm your exact deadline with an attorney well before the two-year period runs out.
Waiting also makes it harder to collect evidence, which can weaken an otherwise strong claim.
Nevada is an at-fault, or tort, state. The driver who caused the crash, and that driver’s insurance, is responsible for the resulting damages.
In a no-fault state, each driver turns to their own policy first. Nevada does not work that way. Here, you can file a claim against the at-fault driver’s liability insurance for your injuries and losses. You can read more about how this plays out in our guide to Nevada at-fault insurance.
Because fault drives who pays, proving what happened is often the heart of a Nevada car accident case.
You can still recover compensation in Nevada as long as you are not more than 50% at fault. Your recovery is reduced by the percentage of fault you bear.
Nevada follows modified comparative negligence under NRS 41.141. Say your damages are worth $50,000, and you are found 10% at fault. You would recover $45,000. But if you are assigned 51% or more of the blame, you recover nothing.
This is exactly why insurance companies try to pin more fault on you. Pushing back on an unfair fault percentage can significantly affect what you ultimately receive.
Your health comes first, then protect the evidence. The steps you take in the first minutes and hours can shape your claim.
If you are able, take these steps after a crash in Nevada:
Nevada law also requires drivers to file an SR-1 report with the DMV within 10 days of a crash that causes injury, death, or property damage exceeding $750. Our guide to reporting a car accident in Nevada explains that step in detail.
In the short term, you do, but several sources can help. The at-fault driver’s insurance usually does not pay your bills as you go; it pays at the end through a settlement.
While your claim is pending, you may rely on your health insurance, MedPay if you carry it, or personal injury protection (PIP) if you added it to your policy. If paying upfront is a hardship, an attorney can sometimes arrange a letter of protection, which tells your providers you intend to pay out of your eventual settlement and asks them to hold off on collections.
Once your case resolves, the at-fault party’s insurance reimburses your covered losses. Our article on who pays medical bills after a crash breaks down each option.
There is no flat number. Your claim’s value depends on your injuries, your costs, and the facts of the crash.
Most car accident claims include economic damages and non-economic damages:
In some cases, punitive damages may also be available under NRS 42.005, such as when the at-fault driver acted with extreme misconduct, including drunk driving. The amount you may recover depends on factors like the severity of your injuries, the available evidence, your share of fault, and the insurance coverage involved.
You may be able to use your own uninsured/underinsured motorist (UM/UIM) coverage. This coverage steps in when the at-fault driver has no insurance or not enough to cover your injuries.
Nevada’s minimum liability limits are 25/50/20, which often falls short in a serious crash. If the at-fault driver carries only the minimum, or none at all, UM/UIM coverage on your own policy can help fill the gap.
You can, but be careful, especially with the other driver’s insurer. Insurance companies are not on your side, and early conversations can be used to reduce or deny your claim.
Adjusters may ask for a recorded statement, push for a quick settlement, or frame questions to get you to downplay your injuries or accept blame. It is reasonable to report the crash and share basic facts, but you do not have to give a recorded statement to the other driver’s insurer or accept the first offer.
Learning the common insurance company settlement tactics can help you avoid the traps before they cost you.
You are not required to hire a lawyer, but it can make a difference if you suffered serious injuries or the insurance company disputes fault.
Most personal injury lawyers, including our firm, work on a contingency fee basis. That means you pay nothing upfront, and attorney’s fees are only collected if compensation is recovered for you.
A lawyer can handle the insurance company, gather evidence, calculate your damages, and make sure important deadlines are met. Since consultations are free, you can learn about your options before deciding how to move forward.
As soon as possible, ideally the same day. Some injuries do not show symptoms right away, and a prompt exam protects both your health and your claim. A gap between the crash and your first visit gives insurers room to argue your injuries were not caused by the accident.
Most car accident claims in Nevada settle without a trial. A lawsuit may be filed to protect your rights or apply pressure, but many cases are resolved through negotiation. If a fair settlement cannot be reached, your attorney can take the case to court. Whether to settle or go to trial depends on the facts and the offer on the table.
Yes. Passengers who are injured can file a claim against the at-fault driver, who may be the driver of their own vehicle or another vehicle. Because the passenger is rarely at fault, these claims can be straightforward, though insurance limits still apply.
Nevada allows certain family members to bring a wrongful death claim, generally within two years of the death. These claims can seek compensation for losses such as medical and funeral expenses, and for the loss of a loved one’s support and companionship. An attorney can explain who is eligible to file.
It varies. A minor claim may resolve in a few months, while a serious-injury case can take a year or more. Cases often move faster once you finish treatment, because that is when the full extent of your losses is clear. Rushing to settle before you have recovered can leave money on the table.
Still have questions about your crash? You do not have to figure it out alone. Gina Corena & Associates offers free consultations and can review your situation, deal with the insurance company, and explain your options in plain language.
Call (702) 680-1111 anytime, day or night, in English or Spanish. There is no fee unless we win your case. You can also reach us through our contact page.
Reviewed by Gina M. Corena, founding attorney at Gina Corena & Associates.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
