Personal Injury

Insurance Claims After a Car Accident

The Moment That Changes Everything

You’re driving down Las Vegas Boulevard, enjoying the sights, when suddenly—CRASH. In the blink of an eye, your day is turned upside down. The screech of tires, the crunch of metal, the surge of adrenaline—a car accident instantly transforms your routine drive into a maze of questions, stress, and uncertainty.

What happens next could make the difference between a smooth recovery and a financial nightmare. Each year, thousands of Nevada drivers find themselves facing this exact situation, yet many are unprepared for the insurance claim process that follows. Understanding how to navigate insurance claims after a car accident in Nevada isn’t just helpful—it’s essential.

As a Nevada driver, you have specific rights and responsibilities that differ from other states. The decisions you make in the minutes, hours, and days after an accident can significantly impact your ability to recover physically, emotionally, and financially. That’s why we’ve created this comprehensive blog to help you through the process.

Understanding Nevada’s Car Insurance Framework

Nevada operates under an “at-fault” insurance system, meaning the driver responsible for causing an accident must pay for the resulting damages. This differs from “no-fault” states where each driver’s insurance covers their own damages regardless of who caused the accident.

The Minimum Coverage Requirements

Under Nevada law, all drivers must carry liability insurance with the following minimum coverage limits:

$25,000 for bodily injury or death of one person
$50,000 for bodily injury or death of two or more people
$20,000 for property damage

This is commonly referred to as “25/50/20” coverage. These requirements were increased from the previous 15/30/10 limits in July 2018, reflecting the rising costs of medical care and vehicle repairs.

According to Nevada Revised Statutes (NRS) 485.185, driving without this minimum coverage is illegal and can result in serious penalties, including license suspension, registration suspension, and fines.

Additional Coverage Options

While liability insurance is the only legally required coverage, most insurance companies offer additional protection options that Nevada drivers should consider:

Collision coverage: Pays for damage to your vehicle regardless of fault
Comprehensive coverage: Covers non-collision damage like theft, vandalism, or weather events
Medical Payments (MedPay): Covers medical expenses for you and your passengers regardless of fault
Uninsured/Underinsured Motorist (UM/UIM): Protects you if you’re hit by a driver with insufficient or no insurance

Despite Nevada’s insurance requirements, approximately 10-12% of Nevada drivers remain uninsured, making UM/UIM coverage particularly valuable.

Digital Proof of Insurance

Nevada law allows drivers to display proof of insurance electronically on a phone or other device when requested by law enforcement. This digital proof must include all information found on a physical insurance card and must be provided by your insurance company. However, you assume all liability for any damage to your device when showing electronic proof.

Critical Steps After an Accident

The moments immediately following a car accident are crucial. Taking the right actions can protect your health, establish a clear record of the incident, and position you for a successful insurance claim.

1. Safety and Legal Requirements

Nevada law imposes specific duties following an accident:

Stop at the scene: Under NRS 484E.010, 484E.020, and 484E.030, all parties involved must stop at the accident scene.
Render aid: Provide reasonable assistance to anyone injured.
Exchange information: Share your name, address, vehicle registration, and insurance details with other drivers involved.
Report the accident: If police don’t respond to the scene, you must report the accident to the Nevada Department of Motor Vehicles (DMV) within 10 days if there are injuries or property damage exceeding $750.

Failing to fulfill these obligations could result in criminal penalties and significantly harm your ability to pursue compensation.

2. Document Everything

Thorough documentation strengthens your claim:

Take photos of all vehicles involved, focusing on damage
Photograph the accident scene, including road conditions, traffic signs, and weather
Get contact information from witnesses
Make notes about what happened while your memory is fresh
Keep track of all medical treatment received

3. Notify Your Insurance Company

Most insurance policies require you to report accidents promptly—typically within days. Even if you believe you weren’t at fault, notify your insurer about the accident. Failing to do so could give them grounds to deny coverage later.

When talking with your insurance company:

Stick to the facts
Don’t speculate about fault
Don’t downplay injuries
Keep your communications professional and documented

How to File Your Insurance Claim

Timing is Everything

In Nevada, you generally have:

Days to notify your insurance company after an accident
Two years from the date of the accident to file a personal injury lawsuit (NRS 11.190)
Three years to file a lawsuit for vehicle or property damage

Missing these deadlines can permanently forfeit your right to compensation, so act promptly.

Gathering Your Documentation

When filing your claim, you’ll need:

Police report or DMV SR-1 form
Medical records and bills
Repair estimates
Proof of missed work and lost wages
Photos and witness statements
Any relevant correspondence

The Claims Process Timeline

Once you’ve submitted your claim:

The insurance company has 20 working days to acknowledge receipt
After receiving proof-of-loss forms, they have 30 working days to accept or deny the claim
If approved, payment should be issued within 30 more working days

This means the entire process can take up to 80 working days (approximately three months) from start to finish.

Working with Insurance Adjusters

Insurance adjusters evaluate your claim and negotiate settlements. Remember:

Their job is to minimize the company’s payout
They may request recorded statements or medical authorization forms
You have the right to have an attorney present during communications
The first settlement offer is rarely the best offer

Nevada’s Modified Comparative Negligence

Nevada follows a “modified comparative negligence” rule under NRS 41.141. This legal doctrine can significantly impact your compensation if you share any responsibility for the accident.

How It Works

Under this rule:

Each party is assigned a percentage of fault
You can recover damages as long as you are 50% or less at fault
Your compensation is reduced by your percentage of fault
If you are 51% or more at fault, you cannot recover anything

Real-World Examples

Example 1: You’re rear-ended while stopped at a red light, but one of your brake lights was out. The other driver is found 90% at fault, while you’re 10% at fault for the non-working brake light. If your total damages are $10,000, you could recover $9,000 (your damages minus your 10% of fault).

Example 2: You’re making a left turn and are struck by a speeding driver. You’re found 40% at fault for failing to yield, while the other driver is 60% at fault for speeding. With $20,000 in damages, you could recover $12,000 (your damages minus your 40% of fault).

Example 3: You change lanes without signaling and collide with another vehicle. You’re found 60% at fault, while the other driver is 40% at fault. Since you’re more than 50% responsible, you cannot recover any damages from the other driver.

This system makes it crucial to gather evidence that minimizes your perceived contribution to the accident.

What Happens When Insurance Claims Go Wrong

Delayed Claims

Insurance companies in Nevada have specific timeframes for processing claims, but delays still happen. Causes include:

Incomplete documentation
Disputes over fault
Medical treatment still ongoing
High-volume periods after major storms or pile-ups

If your claim is delayed beyond the statutory timeframes, your insurer may be violating Nevada’s Unfair Claims Settlement Practices Act (NRS 686A.310).

Denied Claims

Insurance companies may deny claims for various reasons:

Coverage lapse or policy exclusions
Disputed liability
Pre-existing conditions
Delayed reporting
Insufficient documentation

A denial isn’t necessarily the end. You can:

Request a written explanation for the denial
Submit additional evidence or documentation
File an appeal with the insurance company
File a complaint with the Nevada Division of Insurance
Consult with an attorney about your options

Lowball Settlement Offers

Initial settlement offers rarely reflect the true value of your claim. Before accepting any offer, make sure it accounts for:

All medical expenses, including future treatment
Complete vehicle repair or replacement costs
Lost wages and diminished earning capacity
Pain and suffering
Long-term or permanent impairments

The Settlement Timeline

The time to resolve a car accident claim in Nevada varies widely depending on several factors:

Simple Claims take Weeks to Months

Property damage only
Minor injuries with complete recovery
Clear liability
Cooperative insurance companies

Complex Claims take Months to Years

Severe or permanent injuries
Disputed liability
Multiple parties involved
Bad faith insurance practices

The most significant factor affecting timeline is often the severity of injuries. It’s generally advisable to wait until you reach “maximum medical improvement” before settling, as this provides a clearer picture of your total damages.

Settlement Process

Once a settlement amount is agreed upon:

You’ll sign a release waiving future claims
The insurance company will issue payment (typically within 1-6 weeks)
Your attorney, if you have one, will disburse funds after addressing any liens

Bad Faith Insurance Practices in Nevada

Insurance companies have a legal obligation to act in good faith when processing claims. When they fail to do so, they may be liable for bad faith practices.

What Constitutes Bad Faith in Nevada?

Under NRS 686A.310, unfair practices include:

Misrepresenting policy provisions
Failing to acknowledge claims promptly
Failing to conduct reasonable investigations
Denying claims without reasonable basis
Not attempting fair settlements when liability is clear
Compelling insureds to litigate through lowball offers

Your Remedies for Bad Faith

If you believe your insurer is acting in bad faith, you may be entitled to:

The full value of your denied claim
Interest on the delayed payment
Attorney fees and costs
Compensation for emotional distress
Punitive damages in extreme cases

Nevada law does not impose a one-year statute of limitations on bad faith claims as it does for standard contract disputes. Instead, bad faith claims typically have a four-year statute of limitations.

When to Seek Legal Help

While minor accidents may be handled without legal representation, consider consulting an attorney if:

There are serious injuries or fatalities
Fault is disputed
Multiple parties are involved
Your claim is denied or unreasonably delayed
The insurance company acts in bad faith
The settlement offer doesn’t cover your damages

A qualified attorney can level the playing field with insurance companies, help you avoid costly mistakes, and often secure settlements significantly higher than what individuals obtain on their own.

Key Takeaways

Nevada is an “at-fault” state with 25/50/20 minimum insurance requirements
Report accidents promptly to both police and your insurance company
Document everything thoroughly at the accident scene
Under Nevada’s modified comparative negligence rule, your recovery is reduced by your percentage of fault
The insurance claims process typically takes 1-3 months for straightforward cases
You have two years to file a personal injury lawsuit after a car accident
Insurance companies must follow specific timeframes when processing claims
If your insurer acts unreasonably, you may have a bad faith claim

Frequently Asked Questions

What should I do if the other driver is uninsured?

If you have uninsured motorist coverage, file a claim with your own insurance company. Without this coverage, you may need to file a lawsuit against the at-fault driver directly, though collecting damages can be challenging.

Should I give a recorded statement to the insurance company?

It’s generally advisable to consult with an attorney before giving a recorded statement, as your words can be used to minimize your claim. If you do provide a statement, stick to the facts and don’t speculate.

How is pain and suffering calculated in Nevada?

There’s no fixed formula, but insurance companies typically consider factors like injury severity, recovery time, impact on daily activities, and permanence of injuries. Documentation from medical providers about your pain and limitations is crucial.

Will my insurance rates increase after an accident in Nevada?

If you’re at fault, rates typically increase. However, Nevada law prohibits rate increases for accidents where you weren’t at fault or for first accidents with minimal damage.

Can I still recover compensation if I wasn’t wearing a seatbelt?

Yes, but your compensation may be reduced under comparative negligence principles. The defense may argue that your injuries would have been less severe had you been properly restrained.

What if the accident was partially my fault?

Under Nevada’s modified comparative negligence rule, you can still recover damages as long as you’re 50% or less at fault, though your compensation will be reduced by your percentage of fault.

How long will it take to settle my claim?

Simple claims may settle in weeks, while complex cases involving serious injuries might take months or years. The average claim takes approximately three months to resolve.