Las Vegas Car Accident Attorney

After a car accident in Las Vegas, you generally have 2 years to file an injury lawsuit and 3 years to sue over damage to your vehicle (NRS 11.190). Nevada is a fault state: the at-fault driver's insurer pays, and your own share of fault reduces what you recover, unless your share is greater than the other side's, which bars recovery (NRS 41.141). Most claims settle with the insurers; those that do not are decided in the Clark County courts.

What should you do in the first days after a Las Vegas car crash?

1. Stop, exchange information and help. A driver in a crash that hurts or kills someone must stop at or near the scene and stay until the legal duties are done (NRS 484E.010). Every driver must give a name, address and vehicle registration number, show a license on request and give reasonable help to anyone injured (NRS 484E.030).
2. Report it. If no officer comes and someone was hurt, or the crash happened on a highway, the driver must promptly report it to the nearest police office or the Highway Patrol (NRS 484E.030). Our guide on getting your Las Vegas crash report explains which agency to ask.
3. Get checked by a doctor. Go the same day if you can and keep every follow-up visit. Medical records are the main proof of your injuries.
4. Keep the evidence. Photograph the vehicles, the road, the signals and your injuries, and take witnesses' names and numbers before they leave.
5. File the DMV report if it applies. When a crash causes injury, death or apparent damage of $750 or more, a written report goes to the DMV within 10 days, unless an officer investigated and the officer's report lists each driver's insurance (NRS 484E.070). See when you must file the Nevada SR-1 report.
6. Tell your own insurer. Policies usually require prompt notice, even when the other driver was at fault, and notice keeps your own coverages available.

How does a Nevada car accident claim work, step by step?

A claim is a request for payment, first to an insurer and, if that fails, to a court.

1. The claims are opened against the at-fault driver's liability insurance and, where they apply, your own coverages.
2. The insurers must respond on a schedule. Nevada regulations require an insurer to acknowledge a claim and to begin investigating within 20 working days (NAC 686A.665, 686A.670). Our guide on how long an insurer has to respond in Nevada lists each deadline.
3. Fault is investigated. The adjuster reads the police report, inspects the damage and talks to drivers and witnesses.
4. You treat and document. Most injury claims are not presented until treatment ends or doctors can describe what comes next, because that is when the cost is known.
5. A demand and negotiation follow. The demand sets out fault, the records, bills and lost income, and asks for a sum.
6. If it does not settle, a lawsuit is filed. Claims over $15,000 go to the Eighth Judicial District Court at the Regional Justice Center; smaller ones can go to justice court (NRS 4.370). The steps from filing to trial are in what happens after a car accident lawsuit is filed in Clark County.

Many filed cases never reach a full jury trial. The court's arbitration program covers cases worth up to $100,000 per plaintiff (for cases filed on or after January 1, 2026, the court's ADR office says), and the Short Trial Program handles many others. Our guide to arbitration and short trials in Clark County explains both.

What are the deadlines after a car accident in Nevada?

The lawsuit deadline is the one that cannot be fixed later: a case filed late is generally lost, however strong it was.

Two other rules can change the count. Time the at-fault person spends outside Nevada is not counted (NRS 11.300), and if the injured person dies before the deadline runs, the estate may still sue within 1 year after the death (NRS 11.310). Our post on the statute of limitations for auto accidents covers more examples.

How does fault work in a Nevada car accident claim?

Nevada uses modified comparative negligence. You can recover if your negligence was not greater than the combined negligence of the people you are claiming against, and your damages are reduced by your percentage (NRS 41.141). In plain numbers, a driver found 50 percent at fault can still recover half of the damages; a driver found 51 percent at fault recovers nothing.

In a crash with several drivers, each defendant generally pays only its own share (NRS 41.141(4)), and a settlement by one defendant is deducted from the award against the others (NRS 41.141(3)).

Fault is usually argued with the rules of the road. A driver turning left must yield to oncoming traffic close enough to be an immediate hazard (NRS 484B.253), drivers may not follow more closely than is reasonable (NRS 484B.127), and drivers may not use a handheld phone while driving (NRS 484B.165). Our guide on who had the right of way in an intersection crash walks through the most common disputes.

One argument insurers raise fails in Nevada: not wearing a seat belt may not be considered negligence or causation in a civil case (NRS 484D.495(4)). The details are in whether an insurer can blame you for not wearing a seat belt.

What insurance pays after a Nevada car crash?

Every registered vehicle in Nevada must carry liability insurance of at least $25,000 for one person's injuries, $50,000 for all injuries in one crash and $20,000 for property damage (NRS 485.185). The owner's policy also covers other people who drive the car with permission (NRS 485.3091). A serious injury often costs more, which is why your own coverages matter.

Uninsured motorist coverage is part of a Nevada auto policy unless a named insured rejected it in writing (NRS 690B.020(1)), and insurers must offer underinsured coverage equal to your bodily injury limits (NRS 687B.145(2)). A hit-and-run counts as an uninsured driver claim only if the other vehicle made physical contact and the crash was reported to police within the time the law requires (NRS 690B.020(3)(f)).

Start with what Nevada's 25/50/20 minimum insurance pays. If the other driver's limits are too low, read claiming your own underinsured motorist coverage. If you carry only liability insurance, see what pays for your car and your injuries. If you had no insurance when you were hit, read whether you can still recover in Nevada.

What can a Nevada car accident claim recover?

An injury claim puts a number on what the crash cost you. That usually includes:

• Medical care: past bills and expected future treatment.
• Lost income: missed wages, and lost earning ability if the injury limits your work.
• Pain, suffering and lost enjoyment of life: the physical and emotional harm.
• Your vehicle: the repair cost or, if it is totaled, its value. On a total loss, Nevada requires the insurer to pay what a comparable car would cost, including taxes and fees, using one of the valuation methods the regulation lists (NAC 686A.680); see how an insurer must value a totaled car.
• A death in the family: heirs can recover for grief, lost support and lost companionship, and the estate for medical and funeral costs (NRS 41.085). See wrongful death claims after a fatal crash.

Punitive damages need more than carelessness. They require clear and convincing proof of oppression, fraud or malice, and are generally capped at three times the compensatory damages, or $300,000 when those are under $100,000 (NRS 42.005). A drunk or drugged driver is the main exception, explained on our drunk driving accident page.

Part of a recovery may be owed to others: a hospital lien for the reasonable value of its care (NRS 108.590), a Medicaid lien (NRS 422.293), or a workers' compensation lien (NRS 616C.215). See hospital liens on a car accident settlement. Medicaid's share is covered in what must be repaid to Medicaid from a settlement.

What changes the answer?

• The other vehicle was a commercial truck. Federal safety rules, company records and much higher insurance minimums come into play; see our truck accident page.
• The other vehicle belonged to the government. Damages against the State, a city or a county are capped at $200,000 per claimant, with no punitive damages (NRS 41.035). Our guide on crashes with a city, county or state vehicle covers the deadlines.
• A family member was driving the owner's car. If an immediate family member drove with permission, the owner is jointly liable with the driver (NRS 41.440).
• You were working when it happened. You can usually claim workers' compensation and also pursue the other driver, with rules on repayment; see workers' comp and a car accident claim.
• You were visiting Las Vegas. Nevada law still applies after you fly home; see handling the claim from out of state.
• The injured person is a child. A Nevada court must approve a minor's settlement before it is effective (NRS 41.200); see court approval of a child's settlement.
• Where the crash happened. The police agency and the court depend on the location. See crashes in the City of Las Vegas. Henderson has its own police and courts, covered in accident claims in Henderson. So does North Las Vegas, in North Las Vegas crash claims. Areas outside the cities are in unincorporated Clark County crashes.

For example: how a claim might unfold

For example, imagine a driver rear-ended at a red light on Fort Apache Road. Las Vegas Metropolitan Police officers write a report listing both drivers' insurance, so no DMV report is needed. The other driver carries the $25,000 minimum, and the injured driver's bills and lost wages exceed it, so after that insurer pays its limit, the driver claims the difference under their own underinsured motorist coverage. This is a hypothetical, not a real case.

Common mistakes after a Nevada car accident

1. Waiting to see a doctor, which lets the insurer argue the injury came from something else.
2. Assuming the other driver's insurance covers everything. Against a $25,000 policy, your own UIM coverage may decide what you recover.
3. Guessing about fault with the other insurer. Under NRS 41.141 every percentage point matters.
4. Signing a release or accepting a first offer before the injury is understood. A release usually ends the claim for good.
5. Losing track of the 2-year deadline. Negotiations do not pause it (NRS 11.190).
6. Ignoring the liens. An unpaid hospital, Medicaid or workers' comp lien can leave you owing money after settlement.

How The Fletcher Firm handles car accident claims

Why Choose The Fletcher Firm?

• Local Experience: We have a deep understanding of Nevada's traffic laws and the local court system, giving you a hometown advantage in your legal proceedings.
• Personalized Attention: We believe every case is unique. We provide personalized legal strategies tailored to the specific details of your accident and your personal recovery needs.
• No Fee Unless We Win: We operate on a contingency fee basis, meaning you pay nothing unless we secure a settlement or verdict in your favor. Please note: a client may be liable for the opposing parties' fees and costs.

Our Approach to Car Accident Claims

1. Thorough Investigation: We start with a detailed examination of your accident to gather crucial evidence, including police reports, witness statements, and traffic camera footage.
2. Medical Collaboration: Your health is paramount. We collaborate with medical professionals to ensure your injuries are well-documented and that your recovery plan is thoroughly assessed for compensation.
3. Negotiation and Litigation: Armed with evidence and expert testimonies, we negotiate forcefully with insurance companies. If a fair settlement isn’t possible, our skilled litigators are prepared to take your case to court.

Types of Car Accident Cases We Handle

• Rear-end Collisions
• Head-on Crashes
• Side-impact Accidents
• Multi-vehicle Pile-ups
• Hit and Run Incidents
• DUI-related Accidents

Frequently asked questions

Is Nevada a no-fault state?

No. Nevada requires liability insurance and decides claims by fault (NRS 485.185, NRS 41.141). The at-fault driver's liability insurance is the main source of payment, with your own coverages filling gaps.

Do I need a police report to make a claim?

A claim can be made without one, but a report is strong evidence. For a hit-and-run, a timely police report is a condition of your own uninsured motorist claim (NRS 690B.020(3)(f)).

How long does a car accident claim take?

It depends mostly on how long treatment lasts and whether fault or coverage is disputed. Our post on how long it takes to settle an auto accident case discusses the usual factors.

What if the other driver's insurer will not respond?

Nevada sets response deadlines for insurers, and you can complain to the Nevada Division of Insurance. Our guide on filing a complaint against an insurance company walks through it.

Contact Us Today for a Free Consultation

Don’t let a car accident put your life on hold. We are ready to help you reclaim your future. Contact us today at 702-333-6339 or fill out our online form to schedule a free, no-obligation consultation. Your journey to recovery starts here.

Sources

• NRS 11.190 and following, time limits for lawsuits (Nevada Legislature)
• NRS 41.141, comparative negligence, and NRS chapter 41 on wrongful death, government claims and owner liability (Nevada Legislature)
• NRS 42.005, punitive damages (Nevada Legislature)
• NRS chapter 484E, duties after a crash and DMV reports (Nevada Legislature)
• NRS chapter 484B, rules of the road (Nevada Legislature)
• NRS 484D.495, seat belts (Nevada Legislature)
• NRS 485.185, minimum insurance (Nevada Legislature)
• NRS 687B.145, underinsured motorist and medical payments coverage (Nevada Legislature)
• NRS 690B.020, uninsured motorist coverage, and NRS 690B.470, rideshare insurance (Nevada Legislature)
• NAC 686A.665 to 686A.680, claim handling and total loss rules (Nevada Legislature)
• NRS 108.590, hospital liens (Nevada Legislature)
• NRS 4.370, justice court jurisdiction (Nevada Legislature)
• Arbitration, Eighth Judicial District Court
• Insurance requirements, Nevada DMV