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Determining Fault Under Nevada Car Accident Laws
After a car accident, quickly determining and proving who caused your injuries and damages is critical for protecting your rights and securing fair compensation.
In Nevada's fault-based system, proving liability and securing a settlement depend on two crucial Nevada laws, which I'll cover below.
Nevada Is an At-Fault State
In Nevada, the at-fault driver is the one who caused the car accident and is financially responsible for the injuries and damages they caused. Because the state follows a fault-based system, the injured party can seek compensation from that driver's insurance or file a lawsuit if coverage is insufficient.
However, under the Nevada at-fault system, you must bring substantial evidence proving that the other driver:
- Owed you a duty of care
- Breached that duty of care
Effects of the Nevada Modified Comparative Negligence Law on Liability
In Nevada, shared fault changes liability under its modified comparative negligence rule. If the driver who causes a crash is less than 50% at fault, they can still technically seek compensation from the other party, but the amount is lowered by the percentage of shared blame. Because Nevada is an at-fault state, there is no minimum damage level, so any injured person can claim coverage from the liable driver's insurance, though the payout shrinks with shared blame.
Legal Obligations After a Car Accident in Nevada
After a car wreck, Nevada car accident laws require drivers to stop, render aid to the injured, exchange details, and file a car accident report if there are injuries or property damage exceeding $750. Failing to meet these obligations can jeopardize your insurance claims and expose you to legal penalties, both civil and criminal.
Securing the Scene and Calling Emergency Services
After a car wreck, to ensure all your obligations are fulfilled, while setting yourself up with a strong claim, you must:
- Stop your vehicle and check for injuries
- Move the cars out of traffic if safe
- Call 911
- Exchange contact and insurance information
- Document the scene with photos and gather witness contact details
Exchanging Driver Information and Gathering Evidence
After an accident, exchange names, addresses, license plates, driver's license IDs, and insurance details, as Nevada law requires drivers to provide such information.
Once your exchange obligations are taken care of, gather evidence for your claim by taking photos of the scene, obtaining dash-cam footage, and noting any witnesses' statements to help you and your attorney in establishing liability.
Required Reporting to Law Enforcement and the DMV
If you are involved in a Nevada car crash that causes injury, death, or $750+ in property damage, you must follow three steps under Nevada:
- Stop your vehicle safely and help the injured parties.
- Call the police and request a report to be filed
- Within 10 days, submit a crash report to the DMV if the police did not respond to the accident.
Reporting Duties to Insurance Providers
While not required under Nevada law, most insurance providers require their policyholders to promptly report car accidents. So, after an accident, report it to your insurance company promptly, and provide any documents they may request. However, avoid speaking too much about the car accident to protect your legal rights.
Statute of Limitations for a Nevada Car Accident Case
Like every other state, Nevada sets time limits on all three claim types related to car accidents: personal injury, property damage, and wrongful death claims. However, if a government vehicle was involved, such as a police car or an RTC bus, you are given six months to file a claim, then one year to sue.
Missing these strict deadlines can bar you from recovery and allow insurers to legally deny your claim, so act promptly.
Deadline for Filing Personal Injury Actions
You have a two-year window to file a personal injury or wrongful death lawsuit under Nevada's car accident statute. That two-year period starts on the day of the wreck or the day someone dies in a fatal crash.
Deadline for Property Damage Claims
If you're seeking compensation for property damage after a Nevada accident, you have a three-year filing deadline, so act early by:
- Filing a claim with the at-fault driver's insurer
- Gathering photos and repair estimates
- Consulting a lawyer if coverage is denied
Circumstances That Extend the Filing Window
The two-year Nevada statute of limitations for personal injury or wrongful death lawsuits may be tolled when the injury isn't immediately evident, under the discovery rule, which extends the statute of limitations to the point where the victim was aware or should have been aware of their injuries.
Also, claims brought by minors or individuals who were physically or mentally incapable at the time can pause the clock until they can properly pursue the case, extending the filing window for their car accident claim.
Mandatory Insurance Coverage and Requirements in Nevada
Nevada insurance requirements mandate that every driver carry liability insurance that meets the legally required minimum limits of:
- $25,000 per person
- $50,000 per accident
- $20,000 for property damage
Failure to carry this coverage exposes drivers to fines, license suspension, and the risk of paying out of pocket if a vehicle collision occurs, which can be extremely financially devastating and jeopardize any car accident claims they have a right to.
Minimum Liability Limits Enforced by Nevada Law
In 2026, Nevada insurance requirements require drivers to meet the 25/50/20 minimum liability coverage. This coverage contains $25,000 per person for bodily injury or death, $50,000 total per accident, and $20,000 for property damage, providing financial protection to other drivers and the at-fault driver in car accidents involving injury or damage.
Lacking coverage exposes drivers to fines, license suspension, and personal liability in injury claims.
Insurance Obligations for Commercial Vehicles
Commercial drivers must carry Nevada's minimum liability coverage plus an additional commercial policy that often has higher coverage limits, such as $750,000 or $1 million.
While optional, it's highly recommended to add the following extra protection:
- Collision Coverage
- MedPay
- Uninsured or Underinsured Motorist Coverage
Common Legal Challenges and Defenses in Nevada Car Accident Cases
In Nevada's car accident cases, I often see plaintiffs who expose themselves to reduced compensation by violating simple traffic laws themselves, and defendants who are facing criminal charges on top of their civil liability due to their extremely reckless actions.
These legal hurdles undoubtedly create problems in one's car accident claim, so it's crucial to understand them and avoid them.
Seat Belt Defenses and Their Effect on Damages
Nevada's seat belt law (NRS 484D.495) states that seat belt use cannot be used as evidence of negligence. Meaning, whether or not you were buckled does not influence fault determination or damage calculations. As a result, failure to use a seat belt does not reduce damages, allowing victims to pursue full recoveries, despite them technically violating traffic laws.
Consequences of DUI-Related Accidents
When a DUI causes a car accident, the impaired driver involved faces immediate penalties such as license revocation, jail time, and criminal charges.
Additionally, insurers may deny coverage, leaving the drunk driver liable for all costs. However, if the DUI did not directly cause the accident, but the other sober driver's actions caused the car accident, the impaired driver will still face criminal charges, but will be allowed to pursue an insurance claim for damages.
Liability Rules and Strictness for Teen Drivers
When teens drive in Nevada, the law and insurers treat them as extra risky, so the state imposes stricter penalties. If a minor causes an accident, parents may be held liable for damages. Also, the teen's license can be suspended longer, and the demerit point system applies faster, often leading to quicker license suspensions.
Penalties and Legal Outcomes for Hit-and-Run Cases
If you flee a traffic accident in Nevada, the law can charge you with a felony that carries 2 to 20 years in prison, a $2,000 to $5,000 fine, and license loss. Additionally, victims may sue for damages, and courts may award punitive damages against you.
Types of Compensation Available Under Nevada Auto Accident Laws
After you're injured in a Nevada car accident, you can pursue compensation for medical expenses, lost wages, pain and suffering, and property damage. Understanding each category helps you claim the full amount you deserve.
Medical and Future Healthcare Expenses
When filing an insurance claim after an accident, one of the most important types of damage you can seek is for medical bills.
Doing so includes:
- Listing all current medical bills
- Estimating future care costs by consulting specialists
- Gathering supporting medical records and doctor notes
- Submit a detailed claim to the insurance company
Lost Earnings and Income Loss
If injuries cause you to miss work or lower your working potential, you can seek compensation for your past and future lost income through the insurance process.
Pain, Suffering, and Emotional Distress
After a vehicle accident, victims often endure pain, suffering, and emotional distress that can linger long after physical injuries heal. Nevada car accident laws allow victims to seek damages for these non-economic damages through a claim.
Vehicle Repair and Property Damage
Nevada car crash cases allow victims to pursue damages from any damage to their vehicle and personal property. This includes repair and replacement costs.
Obtain the Compensation You're Entitled To
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
