The collision happened so fast. One moment you were driving through Reno, and the next, metal crunching, airbags deploying, your world spinning. Now you’re sitting at home with mounting medical bills, a damaged car, and a growing worry gnawing at you. Can you actually get compensation for this? Will insurance cover everything? What if you were partly to blame?
You’re not alone in asking these questions. After a car accident in Nevada, many people feel lost in a maze of insurance claims, legal terms, and conflicting advice. The good news is that Nevada law provides clear paths to compensation for accident victims. But eligibility isn’t always straightforward, and knowing the rules can mean the difference between recovering what you need and walking away with nothing.
Who Pays After a Car Accident in Nevada?
Nevada operates as an at-fault state for car accidents. This means the person responsible for causing the crash must pay for the resulting damages. Unlike no-fault states where everyone turns to their own insurance regardless of who caused the accident, Nevada holds negligent drivers accountable.
When another driver causes your accident, you can seek compensation through their liability insurance. Every registered vehicle owner in Nevada must carry minimum insurance coverage as required by NRS 485.185. These minimum requirements are $25,000 for bodily injury or death per person, $50,000 total per accident for bodily injury or death, and $20,000 for property damage. This is often called 25/50/20 coverage.
But what if you share some blame for the accident? Nevada law still allows you to recover compensation in many situations where you’re partially at fault.
Can You Get Compensation If You Were Partly at Fault?
Yes, you can still receive compensation even if you contributed to the accident. Nevada follows a modified comparative negligence rule under NRS 41.141. This law allows you to recover damages as long as you were not more than 50% responsible for the crash.
Here’s how it works in practice. Suppose the total value of your damages is $100,000, but an investigation determines you were 30% at fault for the accident. Your compensation would be reduced by your percentage of fault. In this case, you would receive $70,000 rather than the full $100,000.
However, there’s a threshold you cannot cross. If you’re found to be 51% or more at fault, you cannot recover any compensation at all. This makes determining fault one of the most important aspects of any car accident claim.
Insurance companies often try to shift more blame onto you to reduce what they have to pay. They might point to any little mistake you made while downplaying the other driver’s negligence. This is why having solid evidence from the accident scene becomes so important, and why many people benefit from legal representation during the claims process.
What Types of Compensation Can You Recover?
If you meet the eligibility requirements, Nevada law allows you to seek several types of compensation for your losses. These fall into two main categories.
Economic damages cover your financial losses. Medical expenses form a significant part of most claims. This includes emergency room visits, hospital stays, surgeries, physical therapy, prescription medications, and any future medical care related to your injuries. Keep every receipt and medical record because you’ll need documentation to prove these costs.
Lost wages compensate you for income you couldn’t earn because of your injuries. If you missed work for doctor appointments or couldn’t perform your job duties due to your injuries, you can claim this lost income. For more serious injuries that affect your ability to work long-term, you may also recover compensation for reduced earning capacity.
Property damage covers the cost to repair or replace your vehicle and any other personal property damaged in the crash. This might include your phone, laptop, glasses, or other items that were in the car.
Non-economic damages address losses that don’t have a clear dollar value. Pain and suffering compensation accounts for physical discomfort, chronic pain, and the daily struggle of dealing with your injuries. Emotional distress covers anxiety, depression, PTSD, and other psychological impacts from the accident. Loss of enjoyment of life acknowledges that your injuries may prevent you from participating in activities you once loved.
In rare cases involving particularly reckless or intentional conduct, Nevada courts may also award punitive damages to punish the at-fault driver and deter similar behavior.
How Long Do You Have to File a Claim?
Time limits play a crucial role in your ability to recover compensation. Nevada law sets strict deadlines called statutes of limitations for filing lawsuits. According to NRS 11.190, you have two years from the date of the accident to file a personal injury lawsuit. For property damage claims, you have three years.
These deadlines are firm. If you try to file after the time limit expires, the court will almost certainly dismiss your case, and you’ll lose your right to compensation. The only way around this is if you qualify for one of the limited exceptions, such as being a minor at the time of the accident or the at-fault driver leaving Nevada before you could file.
Many people assume two years provides plenty of time, but building a strong case takes time. You need to gather evidence, get medical records, obtain expert opinions, and negotiate with insurance companies. Starting this process early gives you the best chance of success.
Your insurance policy may also have its own reporting requirements that are much shorter than the legal deadlines. Most insurers require you to report accidents within days or weeks. Failing to notify your insurance company promptly could jeopardize your coverage, even if you’re still within the legal deadline for filing a lawsuit.
What Evidence Do You Need to Prove Your Claim?
Strong evidence makes the difference between a successful claim and a denied one. The more documentation you have, the harder it becomes for insurance companies to dispute your version of events or minimize your damages.
Evidence Needed to Prove Your Claim:
- Police report – Provides an official account of the accident; Nevada law requires reporting crashes that result in injury, death, or property damage exceeding $750; call 911 immediately so officers can document the scene
- Photographs – Take pictures of all vehicle damage, the accident scene, skid marks, traffic signals, road conditions, weather conditions, and visible injuries; the more photos you have, the better
- Medical records – Link your injuries directly to the accident; seek medical attention immediately, even if you feel fine, as some injuries don’t show symptoms right away and gaps in treatment give insurance companies an excuse to claim you weren’t really hurt
- Witness statements – Get names and contact information from anyone who saw the crash; their independent observations carry weight when determining fault
- Receipts and bills – Keep all receipts related to the accident including medical expenses, prescription costs, vehicle repair estimates, towing fees, rental car charges, and other out-of-pocket expenses to prove your financial losses
What Factors Affect Your Eligibility?
Beyond the basic requirements of fault and damages, several factors can influence whether you can recover compensation and how much you might receive.
The severity of your injuries significantly impacts your claim. More serious injuries that require extensive medical treatment, result in permanent disabilities, or prevent you from working generally lead to higher compensation. Minor injuries with quick recovery times typically result in smaller settlements.
The available insurance coverage limits your potential recovery. If the at-fault driver only carries the state minimum insurance, you’re limited to $25,000 per person for bodily injury, even if your damages exceed that amount. This is why having your own uninsured and underinsured motorist coverage can be so valuable.
Your actions after the accident matter. Following proper procedures like reporting the crash, seeking immediate medical attention, and preserving evidence all strengthen your claim. Admitting fault at the scene, delaying medical care, or failing to report the accident can all harm your case.
Pre-existing conditions require careful handling. Insurance companies often try to blame your injuries on pre-existing health issues. While you can still recover compensation if the accident aggravated a pre-existing condition, you’ll need medical documentation showing how the crash made your condition worse.
Can You Recover Compensation from an Uninsured Driver?
Not every driver follows Nevada’s insurance requirements. If an uninsured or underinsured driver hits you, you still have options, but the path to compensation becomes more complicated.
Your own uninsured motorist coverage, if you purchased it, will pay for your injuries when the at-fault driver has no insurance. Underinsured motorist coverage kicks in when the other driver’s insurance isn’t sufficient to cover your damages. These coverages are optional in Nevada but strongly recommended.
Without this coverage, you might need to file a personal injury lawsuit directly against the at-fault driver. However, many uninsured drivers lack the personal assets to pay a judgment, making it difficult to actually collect compensation even if you win in court.
When Should You Hire an Attorney?
Many people handle minor accidents on their own. However, certain situations call for legal help such as:
- Serious or long-term injuries – These claims can be worth substantial amounts. Insurance companies fight harder to reduce payouts. An attorney can accurately value your claim and negotiate for full compensation.
- Denied or low settlement offers – Insurers sometimes deny valid claims or make lowball offers. They hope you’ll accept out of desperation. An attorney knows how to challenge denials and push for fair settlements.
- Disputed fault – The other driver or their insurance may claim you caused the accident. You need someone who can investigate the crash. An attorney can prove the other driver’s negligence.
- Multiple parties involved – Cases with several drivers or commercial vehicles become complex quickly. Determining fault among multiple parties requires legal knowledge. Pursuing claims against various insurance policies also requires legal help.
- Delayed claims – Some insurers drag out the process. They hope you’ll give up or accept less money. An attorney can push for faster resolution and file a lawsuit if necessary.
- Uncertain about settlement fairness – Have an attorney review any settlement before accepting. Settlement offers are usually final. You can’t ask for more money later when you realize it wasn’t enough.
Key Takeaways
- Nevada is an at-fault state, meaning the person who caused the crash is responsible for damages.
- You can recover compensation even if you were partially at fault, as long as you were 50% or less responsible. Your compensation will be reduced by your percentage of fault.
- If you’re found to be 51% or more at fault, you cannot recover any compensation.
- You have two years to file a personal injury lawsuit and three years for property damage claims under Nevada law.
- Always seek medical attention immediately after an accident and keep detailed records of all expenses and losses.
- Strong evidence including police reports, photos, medical records, and witness statements forms the foundation of a successful claim.
- Available compensation includes medical expenses, lost wages, property damage, pain and suffering, and emotional distress.
- Your own uninsured motorist coverage becomes your primary source of compensation in cases involving uninsured drivers.
- Insurance companies often try to minimize payouts by disputing fault or offering low settlements.
- Missing important deadlines can result in losing your right to compensation entirely.
Frequently Asked Questions
What if I was riding as a passenger in the accident?
Passengers have strong legal positions because they weren’t driving and usually had no control over the accident. You can file a claim against the at-fault driver regardless of which vehicle you were in. If the driver of the car you were in caused the accident, you can still pursue compensation through their insurance. Passengers often have simpler claims because fault is rarely attributed to them.
Do I have to give a recorded statement to the other driver’s insurance company?
No, you’re not legally required to provide a recorded statement to the other driver’s insurer. In fact, it’s often better if you don’t speak with them before consulting an attorney. Insurance adjusters use these statements to find inconsistencies or get you to say something that could reduce your claim. Stick to providing only basic information and consider speaking with an attorney before giving any detailed statements.
What if my injuries didn’t appear until days after the accident?
This happens frequently. Adrenaline and shock can mask pain immediately after a crash. Many injuries including whiplash, soft tissue damage, and even traumatic brain injuries don’t show symptoms right away. Seek medical attention as soon as symptoms appear and explain to your doctor that you were in an accident. The medical records will link your delayed symptoms to the crash. Nevada’s discovery rule may extend the statute of limitations in cases where injuries weren’t immediately apparent.
Can I still get compensation if the police report says I was at fault?
Police reports carry weight, but they’re not the final word on fault. Officers sometimes make mistakes or don’t have all the information when writing reports. If you believe the police report is wrong, you can still pursue compensation. Gather your own evidence including photos, witness statements, and expert opinions to challenge the report’s conclusions. An attorney can help you build a case that contradicts the police report.
What happens if my medical bills exceed the other driver’s insurance limits?
This situation is more common than you might think, as Nevada’s minimum insurance requirements are relatively low. If your damages exceed the at-fault driver’s policy limits, you have several options. You can tap into your own underinsured motorist coverage if you purchased it. You might also file a personal injury lawsuit against the at-fault driver personally, though collecting a judgment can be difficult if they lack assets. In some cases, other parties like an employer or vehicle owner may also bear responsibility.
Should I accept the first settlement offer from the insurance company?
Almost never. Initial settlement offers typically come before you’ve finished medical treatment and before the full extent of your injuries is known. Insurance companies make these early lowball offers hoping you’ll accept quickly and for less than your claim is worth. Once you accept a settlement and sign a release, you cannot ask for more money later, even if your injuries turn out to be more serious than initially thought. Have an attorney review any settlement offer before you accept it.
Contact Us
If you’ve been injured in a car accident in Reno or anywhere in Nevada, Joey Gilbert Law is here to help. We handle car accident cases and fight to get our clients the compensation they deserve. Whether your case is straightforward or complicated, we’ll give you honest advice about your situation and your options.
Don’t let insurance companies take advantage of you. Don’t miss important deadlines. And don’t accept a settlement that doesn’t cover your losses. Your initial consultation is free, and we only get paid if we win your case.
Reach out to Joey Gilbert Law today to discuss your car accident claim. We’re ready to stand up for your rights and pursue the full compensation you’re entitled to under Nevada law.
