Nevada is a “fault state” for car accidents. This means the person who caused the crash is liable for any resulting damages, including medical expenses, lost earnings, and pain and suffering. If multiple people share blame, damages are apportioned based on the degree of fault.
In this article, our Nevada personal injury lawyers will answer the following ten key questions:
- 1. What are my obligations after a Nevada car accident?
- 2. Do I need to notify the police after an accident?
- 3. Do I have to report my accident?
- 4. Do I need to report accidents to my auto insurer?
- 5. When can I be charged with a hit-and-run?
- 6. What if I was partly to blame?
- 7. How soon must I sue?
- 8. Can I settle without a lawsuit?
- 9. What insurance must I carry in Nevada?
- 10. What about commercial vehicles?
- Additional Reading
Also listen to our informative podcast:
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
Once you complete your obligations required by law, you are advised to also take these precautions:
- Take videos and photos of the accident scene and take down the contact information of any eyewitnesses.
- Write down everything you can remember about the accident, including road conditions, weather, and traffic signs and signals. Your memory may fade over time, and you do not want to forget any important details.
- Seek medical care even if you feel fine. Some injuries do not manifest right away, and your medical records will serve as important evidence should you file an insurance claim or sue.
- Do NOT say you are uninjured and do NOT admit fault. This can be used to deny your insurance claim later.
Nevada drivers have a duty to take certain steps following a crash.
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:
- the police at 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. Do I have to report my accident?
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 submits an accident report that includes your contact and liability insurance information (such as your policy number and coverage dates).7
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 you to notify them and file an auto insurance claim whenever you are involved in an accident, especially if multiple cars are involved. Not reporting the accident could impact your insurer’s obligations and 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.
As this chart shows, the penalties depend on the seriousness of the case.
| Hit-and-Run Charge |
Criminal Sentence in Nevada |
| Causing only property damage | misdemeanor – up to 6 months in jail and/or $1,000 in fines and 6 demerit points to your license |
| Causing an injury or death | category B felony – 2 to 20 years in prison and $2,000 to $5,000 in fines and a possible driver’s license revocation |
Note that felony hit-and-run is not eligible for a probationary sentence in lieu of prison.10
Also note that if someone dies, you may face a wrongful death lawsuit.
6. What if I was partly to blame?
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 your total damages.
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.
Potential car crash victims include not only other motorists and passengers but also bicyclists, motorcyclists, pedestrians, and even electric scooter riders and skateboarders.
7. How soon must I sue?
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 I 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, your personal injury attorney can file a claim with either:
- your own insurance company or
- the at-fault driver’s insurance company.
In any case, it is important to have an experienced personal injury lawyer fighting for the highest payout possible. Insurance companies want to pay out as little as possible and will try to lay blame on you and pressure you into settling quickly with a low-ball offer. A good attorney never backs down.
9. What insurance must I carry in Nevada?
If you register a car in Nevada, you must carry a minimum of 25/50/20 car insurance in the event of an accident, as this chart illustrates:
| Minimum Car Insurance Required |
Damages Covered in Nevada |
| $25,000 | bodily injury to or death of one victim |
| $50,000 | bodily injury to or death of two or more victims |
| $20,000 | damage to or destruction of property of others |
This coverage does not pay for the at-fault driver’s own car repairs or injuries. Instead, it pays for other people’s property damage and injuries that the at-fault driver caused.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.
You are also strongly advised to carry these optional forms of insurance:
- Collision insurance, which pays for your own repairs regardless of fault, and
- Med Pay, which pays for your own injuries regardless of fault, and
- Uninsured/underinsured coverage, which kicks in if the at-fault driver has insufficient insurance to pay for your damages.
10. What about 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, failing to follow 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:
- Is there a Nevada car accident statute? – Summary of NRS 484E.010 to 483E.130.
- How to get the police report after a car accident in Las Vegas – A step-by-step guide.
- Is Nevada a “no-fault state” when it comes to car accidents? – Explanation of how fault determines car accident lawsuits.
- How to file a car insurance claim after an accident in Nevada – A step-by-step guide.
- Can the lead driver be at fault for a rear-end collision in Nevada? – Discussion of how rear-end collisions can be caused by either driver.
Legal References:
- NRS 484E.010 – Duty to stop at scene of crash involving death or personal injury; penalty.
1. The driver of any vehicle involved in a crash on a highway or on premises to which the public has access resulting in bodily injury to or the death of a person shall immediately stop his or her vehicle at the scene of the crash or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the crash until the driver has fulfilled the requirements of NRS 484E.030.
2. Every such stop must be made without obstructing traffic more than is necessary.
3. A person failing to comply with the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and by a fine of not less than $2,000 nor more than $5,000. A person failing to comply with the provisions of subsection 1 commits a separate offense under this section for the bodily injury to or the death of each person that results from a crash with regard to which the person failed to comply with the provisions of subsection 1.
4. A sentence imposed pursuant to subsection 3 may not be suspended nor may probation be granted.
Also see NRS 484E.020 – Duty to stop at scene of crash involving damage to vehicle or property; duty to move vehicle under certain circumstances; penalty.
1. The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall:
(a) Immediately stop his or her vehicle at the scene of the crash; and
(b) If the driver’s vehicle is creating a hazard or obstructing traffic and can be moved safely, move the vehicle or cause the vehicle to be moved out of the traffic lanes of the roadway to a safe location that does not create a hazard or obstruct traffic and, if applicable, safely fulfill the requirements of NRS 484E.030.
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 – Duty to give information and render aid; report if no police officer present; penalty.
1. The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall:
(a) Give his or her name, address and the registration number of the vehicle the driver is driving, and shall upon request and if available exhibit his or her license to operate a motor vehicle to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in such crash;
(b) Give such information and upon request manually surrender such license to any police officer at the scene of the crash or who is investigating the crash; and
(c) Render to any person injured in such crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.
2. If no police officer is present, the driver of any vehicle involved in such crash after fulfilling all other requirements of subsection 1 and NRS 484E.010, insofar as possible on his or her part to be performed, shall forthwith report such crash to the nearest office of a police authority or of the Nevada Highway Patrol and submit thereto the information specified in subsection 1.
3. A person who violates this section is guilty of a misdemeanor.
- NRS 484E.040 – Duty upon damaging unattended vehicle or other property; penalty.
1. Except as otherwise provided in subsection 2, the driver of any vehicle which is involved in a crash with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or shall attach securely in a conspicuous place in or on such vehicle or property a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.
2. If the vehicle of a driver involved in a crash pursuant to subsection 1 is creating a hazard or obstructing traffic and can be moved safely, the driver shall, before meeting the requirements of subsection 1, move the vehicle or cause the vehicle to be moved out of the traffic lanes of the roadway to a safe location that does not create a hazard or obstruct traffic and minimizes interference with the free movement of traffic.
3. A person who violates this section is guilty of a misdemeanor.
These obligations apply to all types of car accident cases, including: Car accidents, Truck accidents, Motorcycle accidents, Accidents involving commercial vehicles, and Accidents involving pedestrians. - Nev. Rev. Stat. 484E.030 (2).
- NRS 484E.070 – Written or electronic report of crash to Department by driver or owner; exceptions; confidentiality; use as evidence at trial.
1. The Department shall:
(a) Approve the format of the forms for crash reports made pursuant to this section; and
(b) Make those forms available to persons who are required to forward the reports to the Department pursuant to this section.
2. Except as otherwise provided in subsections 3, 4 and 5, the driver of a vehicle which is in any manner involved in a crash on a highway or on premises to which the public has access, if the crash results in bodily injury to or the death of any person or total damage to any vehicle or item of property to an apparent extent of $750 or more, shall, within 10 days after the crash, forward a written or electronic report of the crash to the Department. Whenever damage occurs to a motor vehicle, the operator shall attach to the crash report an estimate of repairs or a statement of the total loss from an established repair garage, an insurance adjuster employed by an insurer licensed to do business in this State, an adjuster licensed pursuant to chapter 684A of NRS or an appraiser licensed pursuant to chapter 684B of NRS. The Department may require the driver or owner of the vehicle to file supplemental written or electronic reports whenever the original report is insufficient in the opinion of the Department.
3. A report is not required from any person if the crash was investigated by a police officer pursuant to NRS 484E.110 and the report of the investigating officer contains:
(a) The name and address of the insurance company providing coverage to each person involved in the crash;
(b) The number of each policy; and
(c) The dates on which the coverage begins and ends.
4. The driver of a vehicle subject to the jurisdiction of the Surface Transportation Board or the Nevada Transportation Authority need not submit in his or her report the information requested pursuant to subsection 3 of NRS 484E.120 until the 10th day of the month following the month in which the crash occurred.
5. A written or electronic crash report is not required pursuant to this chapter from any person who is physically incapable of making a report, during the period of the person’s incapacity. Whenever the driver is physically incapable of making a written or electronic report of a crash as required in this section and the driver is not the owner of the vehicle, the owner shall within 10 days after knowledge of the crash make the report not made by the driver.
6. All written or electronic reports required in this section to be forwarded to the Department by drivers or owners of vehicles involved in crashes are without prejudice to the person so reporting and are for the confidential use of the Department or other state agencies having use of the records for crash prevention, except as otherwise provided in NRS 239.0115 and except that the Department may disclose to a person involved in a crash or to his or her insurer the identity of another person involved in the crash when the person’s identity is not otherwise known or when the person denies having been present at the crash. The Department may also disclose the name of the person’s insurer and the number of the person’s policy.
7. A written or electronic report forwarded pursuant to the provisions of this section may not be used as evidence in any trial, civil or criminal, arising out of a crash except that the Department shall furnish upon demand of any party to such a trial, or upon demand of any court, a certificate showing that a specified crash report has or has not been made to the Department in compliance with law, and, if the report has been made, the date, time and location of the crash, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers. The report may be used as evidence when necessary to prosecute charges filed in connection with a violation of NRS 484E.080.
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 – Failure to report; false report; penalties.
1. If a person willfully fails, refuses or neglects to make a report of a crash in accordance with the provisions of this chapter, the person’s driving privilege may be suspended. Suspension action taken under this section remains in effect for 1 year unless terminated by receipt of the report of the crash or upon receipt of evidence that failure to report was not willful.
2. Any person who gives information in electronic, oral or written reports as required in this chapter, knowing or having reason to believe that such information is false, is guilty of a gross misdemeanor.
- 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.