Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
Las Vegas attracts millions of tourists every year. It’s also a very popular nightlife city. With so many visitors driving around unfamiliar streets, often in dark conditions, car accidents involving tourists happen relatively often. If you ever find yourself in this situation, knowing what to do next can be difficult.
Dealing with the aftermath of an accident involving an out-of-state driver can be more complicated than you might expect. Different insurance policies, unfamiliar traffic laws, and the stress of the accident itself can leave you confused about your rights and the following steps to take.
That’s why we’ve put together this easy-to-follow guide. We’ll walk you through everything—from what to do immediately after the accident to understanding Nevada’s at-fault laws and handling tricky insurance claims. By the end, you’ll have a clear idea of how to protect yourself and your rights.
Keep reading to learn precisely what to do if you’re ever in an accident with a tourist in Las Vegas.
After an accident, your actions in the first few minutes can significantly impact the outcome of any insurance claim or legal action. Here’s what you should do immediately:
Ensuring the safety of everyone involved is your top priority in the immediate aftermath of an accident. If possible, move your vehicle to the side of the road to prevent further collisions. Turn on your hazard lights to alert other drivers. Check yourself and your passengers for injuries. Call 911 immediately to request medical assistance if anyone is hurt.
Staying calm and composed is crucial. Even if you believe the tourist driver was at fault, avoid confrontation. Focus on ensuring safety and gathering the necessary information.
Nevada law requires drivers to report any car accident that results in injury, death, or significant property damage. Calling 911 ensures that police will arrive to record the incident and file an official accident report. This report will be essential if you need to file an insurance claim or pursue a lawsuit later.
Stick to the facts when speaking to the police. Avoid admitting fault or making statements that could be used against you later. Provide a clear and concise account of what happened, but do not speculate about who was at fault.
After ensuring safety and contacting the authorities, exchange information with the tourist driver. You should collect:
It’s also a good idea to note the tourist’s home state, as different states have varying insurance requirements. Verify the information provided by asking to see the documents rather than verbally accepting information.
Thorough documentation of the accident scene can significantly strengthen your case. Use your smartphone to take clear photos of:
Additionally, jot down the date, time, weather conditions, and location of the accident. If you notice any surveillance cameras nearby, make a note of them, as they may have captured footage of the incident.
Witnesses can provide valuable third-party perspectives on how the accident occurred. Politely ask any bystanders for their names and contact information. If they are willing, request a brief statement describing what they saw.
Eyewitness accounts can play a crucial role when determining fault, especially if the tourist driver denies responsibility.
Nevada operates under an “at-fault” system. Under this system, the driver responsible for the accident must pay for damages. This system impacts both insurance claims and potential lawsuits.
Under Nevada’s strict comparative negligence law, any driver has the right to seek damages from another driver as long as the other driver is at least 50% responsible for the crash.
Nevada follows a modified comparative negligence rule. The rule allows you to recover damages even if you were partially at fault—as long as your fault does not exceed 50%. The amount of fault attributed to you will be deducted from any compensation you may receive.
For example, if you are 20% at fault, your compensation will be reduced by that percentage. However, if you are found to be 51% or more at fault, you cannot recover any damages.
Understanding this rule is critical when negotiating with insurance adjusters. Insurance companies often try to assign a higher percentage of fault to reduce their payout.
Tourists driving in Las Vegas must comply with Nevada traffic laws, regardless of where their driver’s license or insurance is issued.
Insurance coverage follows drivers from state to state. The coverage should not change. However, the personal injury rules of Nevada will govern how car accidents that out-of-state drivers get into are handled, including insurance claims.
Dealing with an out-of-state driver can complicate the insurance claims process. Each state has different minimum insurance requirements. As such, a tourist’s policy might not provide adequate coverage for your damages.
For instance, if the tourist is from a state with lower liability limits, their insurance might not fully cover their medical bills and property damage. Consulting with a local attorney can help you understand your options, such as pursuing an underinsured motorist claim.
Filing an insurance claim after an accident with a tourist can be tricky. Here are a few things to keep in mind:
State | Bodily Injury Liability (Per Person) | Bodily Injury Liability (Per Accident) | Property Damage Liability |
Nevada | $25,000 | $50,000 | $20,000 |
Arizona | $15,000 | $30,000 | $10,000 |
California | $15,000 | $30,000 | $5,000 |
This comparison highlights potential challenges when dealing with out-of-state drivers who may carry lower liability insurance limits than required in Nevada.
Seeking immediate medical attention is crucial after an accident. This is true even if your injuries seem minor. Some injuries, like whiplash or internal bleeding, may not present symptoms right away. Delaying medical treatment can also weaken your case by giving insurance adjusters grounds to argue that your injuries were not severe.
Keep detailed records of all medical visits, treatments, and prescriptions. These documents will serve as critical evidence if you pursue a personal injury claim.
Car accidents involving tourists often have more complex legal implications. Consulting a local Las Vegas attorney who understands Nevada’s traffic laws can help you:
A knowledgeable attorney can also ensure you comply with Nevada’s statute of limitations for personal injury claims. The statute of limitations generally requires you to file a lawsuit within two years of the accident occurring.
Ensure safety, call 911, exchange information, document the scene, and gather witness statements.
The driver found at fault is responsible for damages. Your compensation may be adjusted based on your degree of fault under Nevada’s comparative negligence rule.
Yes, all drivers in Nevada must adhere to state traffic laws and regulations, regardless of their residency.
Differences in minimum coverage requirements and varying state laws can complicate claims. It is advisable to consult with a local attorney.
Immediate medical evaluation ensures injuries are properly documented and treated. This is crucial for your health and any potential legal claims. Save copies of medical records after your accident to document your losses.
A local attorney understands Nevada laws and can guide you through the legal process, helping you navigate any interstate legal complexities.
Getting into a car accident with a tourist in Las Vegas can be a stressful and confusing experience. This is especially true with different state laws and insurance policies at play. Knowing what steps to take immediately—like ensuring safety, calling 911, and collecting proper documentation—can make a significant difference in protecting your rights. Understanding Nevada’s at-fault laws and how they impact your ability to seek compensation is also crucial.
Dealing with insurance claims involving out-of-state drivers can be complicated, but you don’t have to handle it alone. Consulting a knowledgeable local attorney can help you navigate the legal process, deal with insurance adjusters, and maximize your chances of receiving fair compensation.
If you’ve been in an accident with a tourist, don’t leave things to chance. Contact the experienced team at Gina Corena & Associates to get the legal guidance and support you need. With their deep understanding of Nevada’s traffic laws and a proven track record in personal injury cases, they can help you pursue the compensation you deserve.
Reach out today to discuss your case and take the first step toward protecting your rights.
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.