Car Accidents

What decides an ordinary car accident claim

Three things, in this order: who was at fault, what the injuries and losses actually are, and what insurance is available to pay for them. A claim can be strong on the first two and still be limited by the third.

Fault, and partial fault

Nevada is an at-fault state, so the at-fault driver's insurer generally pays. If you were partly responsible, your recovery is reduced by your share, and it is barred only if your share is greater than the combined share of those you are claiming against. At exactly half the blame you still recover half. Our comparative negligence guide has worked examples.

The insurance ceiling

Nevada drivers must carry at least $25,000 per injured person and $50,000 per crash. That is a legal floor, not a realistic figure for a serious injury.

When the at-fault driver's limits are too low, your own underinsured motorist coverage is what can make up the difference. In Nevada it is excess coverage: it pays up to your own limit to the extent your losses exceed their limits. If you declined it when you bought your policy, it will not be there.

What to do in the first days

Get examined, even if you feel able to carry on. Photograph the vehicles, the road and any injuries before anything is moved or repaired. Collect witness contact details, because people become hard to reach quickly.

If someone was hurt and no officer came to the scene, the crash must be reported to the nearest police authority immediately. If police did not investigate at the scene, file form SR-1 with the Nevada DMV within ten days.

Impaired drivers

NHTSA estimates that 138 people died in alcohol-impaired driving crashes in Nevada in 2024, about a third of all traffic deaths in the state. If you suspect the other driver had been drinking, tell the officers at the scene, because signs of impairment fade quickly.

The mistakes that cost the most

Waiting to see whether the pain settles before seeing anyone. Accepting blame at the scene while shaken. Taking a fast settlement before the medical position is clear, which usually closes the claim, including for problems that appear later. And assuming the vehicle settlement dealt with the injury claim, when the two run on different tracks and different deadlines.