After a car accident in Nevada, you may have to file a claim with your auto insurance company (or the at-fault driver’s insurer) in order to get paid for your losses. Here are five steps to take to make sure you recover what you need:
- Hire a personal injury lawyer to file the claim for you.
- Provide the insurance company with the necessary information.
- Do not downplay your losses or admit to being at fault.
- Get a professional estimate of your property damage and medical bills.
- Discuss any settlement offer that you receive with your lawyer.
In this article, I discuss these steps in detail as well as answer frequently-asked-questions. Also listen to our informative podcast on filing a car insurance claim in Nevada:
1. Your Lawyer Can File Your Claim
The best way to ensure that your car insurance claim recovers the compensation you need is to hire an experienced personal injury lawyer to file it for you. They will know what information to include and what not to include.
Hiring a personal injury attorney also saves you time and lots of stress. This is especially important after a serious car accident. It lets you focus on your immediate needs and your physical recovery.
Note that if there was minimal property damage, and the at-fault party or parties agree to pay you out-of-pocket, there may be no need to get insurance involved.
2. Provide All the Necessary Information
To file an insurance claim, you will have to provide the insurer with the information they need to process it. This includes:
- the date and time of the accident,
- who was in the vehicle at the time of the crash,
- what the weather was like,
- contact information of the other driver involved, if it was a multi-vehicle crash, as well as their insurance information,
- the license plate numbers and the make and model of all vehicles involved, and
- any police report that was generated from the crash.
Once you have provided this information, an insurance adjuster will investigate your claim.
3. What NOT to Say
During this process, there are several things that you can say that can hurt your claim. It is imperative NOT to say anything that might:
- downplay the extent of your losses,
- admit guilt for the accident,
- imply that you were being negligent right before the crash,
- describe your injuries or property damage,
- be interpreted as a description of what happened,
- guess about what happened, or
- be recorded as a statement.
If your statement about what happened contradicts what you say later on, the insurance company will use whatever version benefits them the most. If you downplay your losses, your insurer will take you at your word and reduce the payout.
Even though you regularly pay premiums to your car insurance company, your insurance company does not have your interests at heart. The insurance company only cares about paying out as little money as possible to satisfy your claim.
Contact an attorney whether your case is a minor fender bender or multi-car pileup.
4. Estimate Your Losses
Your insurance company will demand an estimate of your covered losses.
Therefore if you sustained property damage, you would get an estimate from a mechanic. If you were injured, you would provide documents like your medical bills and other medical records.
5. Discuss Settlement Offers with Your Lawyer
When the insurance company concludes its investigation, it will make an initial settlement offer. If you sign the release, you agree to settle your claim and not pursue it any further.
It is not uncommon for insurance companies to make an initial settlement offer that drastically under-compensates you. If you accept a low offer, you may end up paying the majority of your medical expenses out-of-pocket.
It is extremely important to discuss a settlement offer with an experienced car accident attorney before accepting or rejecting it. Your lawyer will have a better understanding of whether the offer is adequate.
What types of insurance are there?
The following table compares and contrasts different types of automobile insurance in Nevada, including which ones are required or optional.
| Insurance Type in Nevada | What it Covers | Required or Optional | At-Fault Party | Minimum Coverage |
| Bodily injury or death | Injuries or death of people in the other vehicle | Required | You | $25,000 per person, $50,000 per accident |
| Injury to or destruction of property | Damage to the other vehicle or property | Required | You | $20,000 |
| Med Pay | Your injuries and your passengers’ injuries | Optional | Regardless of fault | At least $1,000 |
| Uninsured/Underinsured motorist (UM/UIM) |
Your injuries and your passengers’ injuries if the other driver has little or no insurance or commits hit-and-run | Optional | Other driver | $25,000 per person, $50,000 per accident |
| Collision | Damage to your vehicle | Optional | Regardless of fault | Up to your car’s actual cash value |
If you fail to carry the minimum required 25/50/20 coverage in Nevada, you cannot register your vehicle with the DMV. Be sure to carry proof insurance in your glove box or through your insurance app on your phone.
If you are caught driving without adequate insurance, you face a suspension of your driver’s license and/or registration. You would then have to pay the DMV at least $250 to lift the suspension.1
Is Nevada a Fault State?
Yes. Therefore, the person or people who caused the accident are liable to pay for any resultant injuries and property damage.
When you are the victim of a car crash, you may either:
- file a claim with your own insurer,
- file a “third party claim” with the at-fault party’s insurer, or
- sue the at-fault party.
Your attorney can help you determine which is the best route to take to maximize your payout.
If you file an insurance claim, the adjusters will investigate the case, examine the damages, review your medical records, and ultimately apportion blame. If your insurer tries to pin the blame on you, your attorney can help you fight back.
How long do I have to file my claim?
Most car insurance companies in Nevada have policies that stipulate when a claim must be filed. Filing too late may undermine your claim.
Under Nevada law, you may also have to report the accident to the Department of Motor Vehicles (DMV) within 10 days if:
- someone was hurt or killed, or
- there appears to be $750 or more in property damage.2
This report is made on an SR-1 Traffic Accident Report Form, and failing to file a report can lead to a driver’s license suspension.3 Though if a police officer or a member of the Nevada Highway Patrol has already submitted one for the accident, you do not need to send another one.
What is the statute of limitations to sue in Nevada?
Nevada’s statute of limitations to sue the at-fault driver(s) in a car accident is two years after the incident.4 If you sue after this time period has expired, it can be quickly dismissed.
Note that the majority of cases are resolved through negotiation out-of-court.
What should I do after a crash?
If you are involved in a crash in Nevada that results in damages or injuries, you should:
- remain on the scene of the accident,5
- if anyone has been hurt, call 911, the local police at 311, or the Nevada Highway Patrol at *647.
- render aid to anyone who has been injured,6
- move out of traffic, if it is safe to do so,
- exchange information with other motorists who were involved, like every driver’s name, address, phone number, license number, insurance name and policy number, and the name of who the vehicle is registered to,
- write down each involved vehicle’s make, model, year, and license plate number,
- gather evidence by documenting your surroundings, preferably by taking pictures of the accident scene, the road conditions, the weather, and any damages; also get the names and contact info of any eyewitnesses and passengers.
If you drive with a smart phone, you can use your Camera app and Notes app to photograph the scene and write down important details. If you do not have a smart phone, consider keeping a disposable or regular camera and a notepad with a pen in your glove box.
If you need emergency medical attention, then focus on getting that and do not worry about anything else. Even if you feel fine, you are advised to get a check up right away in the event you sustained a concussion, soft tissue damage, or other injury that may not manifest immediately. Your medical records are important evidence.
In any event, keep detailed records of everything, including every call with the insurance adjuster, every doctor’s appointment, every body shop visit, and anything else that is relevant. The smallest detail can make a big difference later on.
Additional Reading
For more information, see our related articles:
- How to get your “car repair bills” paid after a Nevada accident – A discussion of what to do when a crash results in property damage.
- How to get your “medical bills” paid after a Nevada accident or injury – A guide of how to get your doctor’s expenses paid for following a crash.
- A guide to “bodily injury liability” insurance in Nevada – A summary of what bodily injury liability insurance covers in the event of an accident.
- How uninsured motorist insurance and underinsured motorist insurance (UM / UIM) works in Nevada – An explanation of what UM/UIM insurance is and why you should carry it.
- How “Med Pay” car insurance works in Nevada – An informative article on how Med Pay differs from bodily injury liability insurance and why you should carry it.
You can also consult the Nevada Division of Insurance with further questions.
Legal References
- Insurance, Nevada DMV. Note that driving without an insurance is also a criminal misdemeanor under NRS 485.187.
- Nevada Revised Statutes (NRS) 484E.070. As of March 3, 2014, Las Vegas Metropolitan Police do not respond to minor car crashes without injuries.
- NRS 484E.080.
- NRS 11.190(4)(e).
- NRS 484E.010; NRS 484E.020.
- NRS 484E.030.
