Nevada Car Accident Laws
Nevada has a set of laws that apply to car accidents, which are designed to ensure that victims are adequately compensated for their injuries and damages. Here are some important Nevada car accident laws.
A Las Vegas car crash attorney can help navigate the complex legal system, ensure you meet all deadlines, and fight for the compensation you deserve under state laws.
Obligations After a Car Accident
Nevada law requires several obligations for you to fulfill after a car accident:
- Stop at the Scene: If you are involved in a car accident, you are legally required to stop at the scene. Failure to stop can result in criminal charges.
- Notify Law Enforcement: If there are injuries or property damage exceeds $750, you must notify law enforcement. If the police do not come to the scene, you must file a report within 10 days of the accident.
Mandatory Auto Insurance
Nevada drivers are required to carry liability insurance that covers at least:
- $25,000 per person for bodily injury or death
- $50,000 per accident for bodily injury or death
- $20,000 per accident for property damage
This mandatory auto insurance is designed to provide financial protection to drivers who are involved in car accidents. Suppose another driver is found to be at fault for your accident. In that case, their liability insurance will cover your medical bills, property damage, and other losses up to the limits of their policy.
When a driver is involved in a car accident in Nevada without auto insurance, they may face severe penalties—for example, a fine, license suspension, or even criminal charges. Additionally, drivers without insurance who are found to be at fault for an accident can be held personally responsible for any resulting damages or injuries. If you have questions about your ability to recover compensation after a crash, consider speaking with an experienced auto accident lawyer to explore your legal options.
Statute of Limitations for Car Accident Claims
In Nevada, the statute of limitations for car accident claims is two years from the date of the collision. Therefore, if you fail to file a lawsuit before the two-year deadline, your case will likely be dismissed, and you may lose your right to seek compensation. However, there are some exceptions. For example, if a car accident involves a government entity, you must first file a written claim with the Nevada State Board of Examiners within six months of the date of the incident. After which, you can file suit if the government agency denies your claim or does not respond to it within six months, but then you will only have one year left to file suit.
Comparative Negligence
Nevada is a comparative negligence state, which means that fault for an accident can be shared among multiple parties. Therefore, if you are found to be partially at fault for the accident, your compensation may be reduced proportionately. For example, suppose you are awarded $100,000 and found 30% at fault for the accident. In that case, your compensation will be reduced by 30%, so you will receive $70,000. However, Nevada law also stipulates that if you are found to be more than 50% at fault for the accident, you cannot recover any compensation.
Nevada’s Seat Belt Defense Law
Although vehicle occupants are required to wear seat belts, Nevada is one of several states with a “seat belt defense” law. Under this law, seat belt use cannot be used as evidence of negligence. In other words, if you were involved in a car accident and were not wearing a seat belt, that fact cannot be used against you to establish that you were at fault for the accident or that your injuries were caused by your failure to wear a seat belt.
Uninsured and Underinsured Drivers
Despite Nevada’s insurance requirements, some drivers remain uninsured or carry insufficient coverage. If you are hit by such a driver, your ability to recover compensation depends heavily on your own uninsured/underinsured motorist (UM/UIM) coverage. This optional coverage helps pay for your medical bills and other losses if:
- The at-fault driver has no insurance
- The at-fault driver has coverage limits too low to cover your full damages
- The driver flees the scene (hit-and-run)
UM/UIM claims can be filed through your own insurer, but adjusters may still dispute or undervalue your claim.
What Happens If a Car Accident Involves a Government Vehicle in Nevada?
Car accidents involving government vehicles—such as police cars, fire trucks, or city buses—follow different rules than standard collisions. While Nevada law (NRS Chapter 41) allows injured parties to file claims against government agencies, special procedures and limits apply.
You must first file a notice of claim with the appropriate government entity (state, city, or county), outlining the facts of the accident, your injuries, and the compensation you seek. This notice typically must be filed within 6 months to 1 year, depending on the agency. Only after this administrative process can you pursue a lawsuit.
Government liability applies only if the employee was acting within the scope of their duties at the time of the crash. If they were off-duty, the agency may not be responsible.
Damage Caps
Nevada limits recoverable damages from government entities to $200,000 per person, and punitive damages are not allowed.
Damages You Can Recover After a Car Accident
Victims of car accidents in Nevada have the right to seek compensation for economic and non-economic damages, including:
- Medical bills (emergency care, surgery, rehab, medication)
- Lost wages due to time off work
- Loss of future earning capacity in cases of long-term disability
- Property damage, including vehicle repairs or replacement
- Pain and suffering
- Emotional distress or trauma
- Loss of enjoyment of life
- Wrongful death damages, including funeral expenses and loss of companionship
What to Do After a Car Accident in Nevada
Drivers involved in an accident should take the following steps:
- Stop immediately at or near the scene.
- Check for injuries and call 911. Request police and medical assistance. Even if injuries seem minor, having a police report is important for insurance and legal purposes.
- Exchange information with the other driver(s), including name, contact info, driver’s license number, and insurance details.
- Take photos of the scene, damage, injuries, and road conditions.
- Identify witnesses and gather their contact information.
- Avoid discussing or admitting fault at the scene when speaking to the other parties involved or law enforcement.
- Report the accident to your insurance company even if you believe the other driver is at fault.
- Seek medical attention as soon as possible. Some injuries do not show symptoms right away and medical records are also critical to your claim.
If your accident occurred elsewhere in Nevada, speak to a Henderson, NV Car Accident Attorney. They can help you understand your rights, options for compensation, and deal with insurers on your behalf.