Nevada Car Accident Laws – Top 10 Questions Answered

Q: What are my obligations after a Nevada car accident?

Getting into a car accident is incredibly traumatic, and it is difficult to think straight. Even still, you are required to take the following steps immediately following the collision: Stop and exchange information; Move the cars out of traffic if it is safe to do so; and Give reasonable assistance to anyone injured in the crash (such as arranging for the person to be taken to a doctor or hospital if it appears that medical treatment is necessary). If you hit an unoccupied vehicle, you must either locate the owner or leave your name and contact information securely in a conspicuous place. Many people in this situation leave their business card with a written note on the windshield.

Q: Do I need to notify the police after an accident?

Nevada law requires you to notify the police or the Nevada Highway Patrol (NHP) "forthwith") if you are involved in a crash in which anyone is killed or injured. The best way to contact the police is to call 911. You do not need to call a police or highway patrol officer if an officer is already on the scene or you are too injured to do so.

Q: Do I need to report accidents to my auto insurer?

Most car insurance policies require that you notify them and file an auto insurance claim whenever you are involved in an accident, especially if multiple cars were involved. However, many people choose not to notify their insurer and make a car accident claim when: They hit a stationary object (other than a motor vehicle), and they are willing to pay for car repairs themselves, or no one else is injured in the crash, and the responsible party is willing to pay for any property damage to the vehicle(s).

Q: When can I be charged with a hit and run?

Willfully fleeing the scene of an accident in Nevada can result in criminal charges for hit and run. Hit and run is a misdemeanor in Nevada when the accident results only in property damage. The penalties include: Up to six (6) months in jail and/or a fine of up to $1,000; and Six (6) Nevada demerit points to your license However, failure to stop at a crash scene in which someone sustains an injury or dies is a category B felony in Nevada. It can be punished by: Two to twenty (2 - 20) years in Nevada State Prison, and a fine of $2,000 to $5,000.

Q: Can I still bring a lawsuit even if I was partially at fault?

You still may be entitled to money damages from the at-fault driver even if you were partially at fault for the accident. Under Nevada's modified comparative negligence laws, the defendant in a car crash case is liable as long as the defendant was at least 50% to blame.

Q: What is the statute of limitations to sue for a car accident in Nevada?

There is a statute of limitations (time limit) to bring auto accident lawsuits. The statute of limitations to sue for injuries is usually only two years after the wreck. If the victim died, then it is two years after the death. Though if there is only property damage, then the victim has three years to sue after the wreck.

Q: Can my case settle without a lawsuit?

Many car crash cases can resolve without a personal injury lawsuit ever being filed. With Nevada being an at-fault state, you (or your personal injury attorney) can either file a claim with your own insurance company or with the at-fault driver's insurance company.

Q: What insurance must I carry in Nevada?

To drive in Nevada, you must carry a minimum of 25/50/20 car insurance in the event of an accident: $25,000 for bodily injury to or death of one victim, $50,000 for bodily injury to or death of two or more victims, and $20,000 for damage to or destruction of property of others. Note that basic liability coverage pays for other people's property damage and injuries that the at-fault driver causes. It does not pay for the at-fault driver's car or injuries.

Q: Are there special laws that apply to commercial vehicles?

Yes. If you own or drive a commercial vehicle, you have to abide by additional laws to ensure the safety of passengers and other motorists on the road. If the vehicle is a passenger-carrying commercial vehicle such as a bus, you may drive no more than 10 hours after 8 consecutive hours off duty. For property-carrying commercial vehicles such as 18-wheelers, you may drive no more than 11 hours after 10 consecutive hours off duty.

5 things you MUST do after a car accident in Nevada

Watch this video on YouTube

If you have a registered vehicle in Nevada, you must maintain liability insurance that covers at least $25,000 for bodily injury or death of one person; $50,000 for bodily injury or death of two or more people; and $20,000 for property damage.

Nevada car accident law imposes five legal duties on you if you are involved in a motor vehicle collision within the state:

Stop and exchange contact and insurance information;
Move out of traffic;
Help anyone who needs medical attention;
Notify the police if someone sustained injuries; and
For serious accidents, report the accident to the DMV (unless the police already reported it).

These obligations apply to all types of car accident cases, including:

Fleeing the scene of a crash risk is the Nevada crime of hit and run (NRS 484E.010).

In this article, our Nevada personal injury lawyers will answer the following ten key questions:

Young man on his cell phone with his insurer after a car wreck - Nevada car accident laws impost certain legal duties on a person involved in a collision

Nevada drivers have a duty to take certain steps following a crash.

1. What are my obligations after a Nevada car accident?

Getting into a car crash is incredibly traumatic, and it is difficult to think straight. Even still, you are required to take the following steps immediately following the collision:

Stop and exchange information with the other motorists. It is also a good idea to get the other driver’s license number and address as well as the other vehicle’s make, model, year, and license plate number;¹
Move the cars out of traffic if it is safe to do so;² and
Give reasonable assistance to anyone injured at the accident scene (such as by calling 911).³

If you hit an unoccupied vehicle, locate the owner or leave your name and contact information securely in a conspicuous place.⁴

Most importantly, do not say you are uninjured and do not admit fault. This can be used to deny your insurance claim later.

2. Do I need to notify the police after an accident?

Nevada law requires you to notify the police or the Nevada Highway Patrol (NHP) “forthwith” if you are involved in a crash in which anyone is killed or injured. The best way to contact the police is to call 911. Otherwise, call 311 or the NHP at *647.⁵

You do not need to call a police or highway patrol officer if an officer is already on the scene or you are too injured to do so. If an accident causes no injuries and less than $750 of property damage, police will not attend to the scene.

3. When must I report a car accident to the DMV?

You must submit a Nevada DMV Report of Traffic Accident Report (SR-1) within 10 days of the date of the accident if:

Anyone was injured or killed, or
There appears to be $750 or more in damage to any vehicle or property.⁶

However, you do not need to report the accident to the DMV if a Nevada Highway Patrol or police officer submitted an accident report that included your contact and liability insurance information (such as your policy number and coverage dates).⁷

Sign for DMV, which does not need to be notified of minor collisions.

Minor fender-benders do not need to be reported to the Nevada Department of Motor Vehicles.

Willfully failing to report an accident as legally required will trigger a one-year license suspension The suspension period can end early if either:

You file the crash report, or
You produce evidence that your failure to report was not willful⁸

4. Do I need to report accidents to my auto insurer?

Most car insurance policies require that you notify them and file an auto insurance claim whenever you are involved in an accident, especially if multiple cars were involved. Not reporting the accident could impact your insurer’s obligations and insurance coverage under your policy.⁹

If an accident results from a DUI and you get charged, you will need to purchase “SR-22” (proof of financial responsibility) from your insurance company to get your driver’s license reinstated.

5. When can I be charged with a hit and run?

Willfully fleeing the scene of an accident in Nevada can result in criminal charges for hit and run. Police often will investigate even minor hit and run incidents.

Hit and run is a misdemeanor in Nevada when the accident results only in property damage. The penalties include:

Up to six (6) months in jail and/or a fine of up to $1,000; and
Six (6) Nevada demerit points to your license

However, failure to stop at a crash scene in which someone sustains an injury or dies is a category B felony. It can be punished by:

Two to twenty (2 – 20) years in Nevada State Prison, and
A fine of $2,000 to $5,000.¹⁰

Note that felony hit and run is not eligible for a probationary sentence. In addition, the DMV may revoke your driver’s license.

Also note that if someone dies, you may face a wrongful death lawsuit.

6. Can I still bring a lawsuit even if I was partially at fault?

Under Nevada’s modified comparative negligence laws, you can recover damages from a car accident lawsuit as long as you were no more than 50% to blame. Your final payout would just be reduced in proportion to your fault.¹¹

For example if a jury finds that you were 50% responsible for the collision, then your damages award would be half of what you would have received had you been 0% at fault.

Note that “degree of fault” is often very subjective, and insurance adjusters always try to argue that their policy-holder exhibited no-to-little fault. So it is vital that you have an aggressive attorney advocating for you.

Driver looking distracted at smart phone while about to hit a pedestrian

Potential car crash victims include not only other motorists and passengers but also bicyclists, motorcyclists, pedestrians, and even electric scooter riders and skateboarders.

7. What is the statute of limitations to sue for a car accident in Nevada?

The statute of limitations (time limit) to sue for injuries or wrongful death is only two years after the wreck. Though if there is only property damage, then the victim has three years to sue after the wreck.¹²

Note that the statute of limitation deadlines apply to filing lawsuits, not to filing insurance claims – which typically should happen as soon as possible after the collision.

8. Can my case settle without a lawsuit?

Many car crash cases can resolve without a personal injury lawsuit ever being filed. With Nevada being an at-fault state, you (or your personal injury attorney) can either file a claim with your own insurance company or with the at-fault driver’s insurance company.

Evidence is crucial to prevail in a car accident lawsuit. Be sure to take pictures of any property damage and your injuries. Go to a doctor for your injuries as soon as possible, and never skip an appointment.

Also, document everything that happened during the accident, including the road conditions, weather, and traffic signs and signals. Your memory may fade over time, and you do not want to forget any important details.

9. What insurance must I carry in Nevada?

To drive in Nevada, you must carry a minimum of 25/50/20 car insurance in the event of an accident:

$25,000 for bodily injury to or death of one victim,
$50,000 for bodily injury to or death of two or more victims, and
$20,000 for damage to or destruction of property of others.

This coverage pays for other people’s property damage and injuries that the at-fault driver causes. It does not pay for the at-fault driver’s car or injuries.¹³

Note that it is a Nevada crime to drive a car without meeting insurance requirements. The DMV may also suspend your registration, which costs $250 to reinstate.

10. Are there special laws that apply to commercial vehicles?

If your vehicle is a passenger-carrying commercial vehicle such as a bus, you may drive no more than 10 hours after 8 consecutive hours off duty. For property-carrying commercial vehicles such as 18-wheelers, you may drive no more than 11 hours after 10 consecutive hours off duty.¹⁴

In the event of a commercial vehicle accident, failure to abide by these rules could serve as evidence of negligence. Learn more at the Nevada Department of Transportation’s Commercial Vehicle page.

Additional reading

For more information, see our related articles:

Legal references:

NRS 484E.010; also see NRS 484E.020; see also Clancy v. State, (2013) 129 Nev. 840, 313 P.3d 226 (Actual physical contact between two vehicles is not necessary for a person to be part of an accident under Nevada’s statute).
NRS 484E.020.
Nev. Rev. Stat. 484E.030.
NRS 484E.040.
Nev. Rev. Stat. 484E.030 (2).
NRS 484E.070 (2). See also Nalder v. Eighth Judicial Dist. Court of Nev., (2020) 462 P.3d 677, 136 Nev. Adv. Rep. 24. See also Rish v. Simao, (2016) 132 Nev. 189, 368 P.3d 1203.
NRS 484E.010.
NRS 484E.070 (3). Also see NRS 484E.080.
Note that under NRS 687B.385, insurers may not cancel a policy due to an accident where the insured was not at fault.
NRS 484E.070.
NRS 41.141. See also State, Div. of Ins. v. State Farm Mut. Auto. Ins. Co., (2000) 116 Nev. 290, 995 P.2d 482. Note that some accident victims choose to file a claim with their own insurance. In those cases, the insurance company will likely file a separate claim against the at-fault driver’s insurer.
NRS 11.190 (“an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another” has a two-year time limit.)
NRS 485.185.
Summary of Hours of Service Regulations, Federal Motor Carrier Safety Administration (FMCSA). See also NRS 484A.055, which defines commercial vehicles as “every vehicle designed, maintained or used primarily for the transportation of property in furtherance of commercial enterprise.” See also Information on Commercial Vehicles, Clark County, Nevada.

Get Quick Legal Help...