Will my car accident case go to arbitration or a short trial in Clark County?

Last updated October 7, 2026.

Often, yes. In Clark County, most civil lawsuits with a probable jury award of $100,000 or less per plaintiff are sent to the court's mandatory, nonbinding arbitration program; the court's ADR office says that limit applies to cases filed on or after January 1, 2026. If anyone rejects the arbitrator's award by asking for a trial de novo within 30 days, the case usually moves into the Short Trial Program.

These programs belong to the Eighth Judicial District Court, which hears car accident lawsuits worth more than $15,000 in Clark County. They do not apply to a claim that settles with an insurance company before anyone files suit. Once a case is filed, they shape how long it takes, what a hearing looks like, and what it costs to keep fighting after an award.

How does a Clark County injury case move through arbitration?

The rules are the Nevada Arbitration Rules (now published in the Supreme Court's Rules Governing Alternative Dispute Resolution) and the Nevada Short Trial Rules. In order:

The lawsuit is filed in district court. Personal injury claims over $15,000 go to the district court (NRS 4.370). For how the case starts, see what happens after a car accident lawsuit is filed in Clark County.
The ADR Office reviews the file. The court says every contested civil case filed in district court is reviewed by the Alternative Dispute Resolution Office, and the ADR Commissioner examines over 8,000 files a year to decide whether a case stays with the judge or goes to arbitration or another program.
Exemption requests are decided. Some cases are automatically exempt (product liability is one listed category), and a party can ask to exempt a case when the probable jury verdict would exceed $100,000 per plaintiff (NAR 5). That request must be filed within 21 days after the first answering defendant files its answer.
An arbitrator is assigned. The ADR Office randomly assigns arbitrators from an approved panel the court describes as over 300 qualified arbitrators.
The hearing is held within months. Hearings must take place and awards be filed within 6 months of the arbitrator's appointment, with continuances beyond 9 months only with the commissioner's permission, and every hearing within 1 year (NAR 12).
The arbitrator issues a written award. The award decides each issue, including comparative negligence and damages. The maximum award is $100,000 per plaintiff, not counting attorney's fees, interest and costs (NAR 16).
Either side may ask for a trial de novo within 30 days. The 30-day deadline is jurisdictional; a late request is not considered (NAR 18). The party asking must certify that the arbitrator's fees and costs are paid.
If no one asks, the award becomes a judgment. The prevailing party submits a judgment on the award (NAR 19). If someone does ask, the case is set for trial, which in Clark County means the Short Trial Program unless a party has properly demanded removal (NAR 18, NAR 21).

The court reports that its arbitration program resolves over 75 percent of the cases assigned to it. Both the arbitration program and the short trial program are run from the ADR Office in the court system based at the Regional Justice Center in Downtown Las Vegas.

Arbitration and short trials side by side

Feature	Court-annexed arbitration	Short Trial Program
Who decides	One arbitrator from the court's panel	A jury (4 by default; 6 by stipulation; 8 for good cause) or a short trial judge
Binding?	Nonbinding: any party may request a trial de novo within 30 days (NAR 18)	Judgment is entered on the verdict (NSTR 26)
Limit	Award up to $100,000 per plaintiff, excluding fees, interest and costs (NAR 16)	The court's page describes a $100,000 per plaintiff eligibility level for cases filed on or after January 1, 2026
Time	Hearing and award within 6 months of appointment, outside limit 1 year (NAR 12)	Each side gets 3.5 hours to present its case (NSTR 21); the court's goal is trial in eight months or less
How it works	Written award on every issue, including comparative negligence (NAR 16)	Jurors may submit written questions for witnesses, screened by the short trial judge (NSTR 24)
Cost to the parties	Arbitrator's fees and costs must be paid before a trial de novo request	Short trial judges are paid $200 an hour, capped at $2,400 per case unless the parties agree otherwise (NSTR 28)

What changes the answer

The size of the claim. A party may ask to exempt the case when the probable jury verdict would exceed $100,000 per plaintiff, exclusive of fees, costs and interest (NAR 5(b)). Serious injuries with large medical bills often fall outside arbitration; smaller cases stay in. Family claims after a death usually involve larger damages, as our page on wrongful death claims after a fatal crash in Nevada explains. Motorcycle injuries are often severe enough to raise the same question, as described in what happens after a motorcycle crash in Las Vegas.

The filing date. The court's ADR office states that the limit rose from $50,000 to $100,000 per plaintiff for cases filed on or after January 1, 2026. Older pending cases may still carry the earlier figure.

Automatic exemptions. Certain categories are exempt by rule, such as product liability actions. A case can also leave the program if the parties agree to mediation or the Short Trial Program, or if the court rules on a dispositive motion that a punitive damages claim may go to the trier of fact (NAR 5(a)). That last point matters in drunk driving crashes, where Nevada allows punitive damages against an impaired driver.

The fee-shifting risk after a trial de novo. If the award was $20,000 or less and the party who asked for the new trial does not beat it by at least 20 percent, the other side is entitled to its attorney's fees and costs for the proceedings after the request; for awards over $20,000 the margin is 10 percent (NAR 20). The same works in reverse for a defendant who asks for the new trial.

What happened at the arbitration. At a trial de novo, the arbitration award (not the arbitrator's reasoning) is admitted as evidence, and a claim or defense not supported by expert opinion or other competent evidence at the arbitration hearing is waived (NAR 20). Good faith matters too: failing to prosecute or defend in good faith during arbitration waives the right to a trial de novo (NAR 22).

Comparative fault. The arbitrator decides fault percentages just as a jury would under Nevada's rule that you recover only if your share is not greater than the defendants' (NRS 41.141). Our post on comparative negligence in auto accidents explains that rule.

For example: a mid-size rear-end case

Imagine a hypothetical driver named Tomas whose SUV is rear-ended on Charleston Boulevard in 2026. Settlement talks stall, so his case is filed in district court. His medical bills and lost pay put the probable verdict below $100,000, so no one asks for an exemption and the ADR Office assigns the case to arbitration.

An arbitrator from the panel holds a hearing about five months after appointment. Both sides present medical records and a short live testimony. The arbitrator issues a written award that finds the other driver fully at fault and sets damages.

The insurer for the other driver has 30 days to ask for a trial de novo. Before it does, it has to weigh the fee-shifting rule: if the award is over $20,000 and the trial does not cut the amount owed by at least 10 percent, it owes Tomas's attorney's fees and costs from that point. In this hypothetical, the insurer does not file, and the award becomes a judgment. Real cases vary, and nothing about this example predicts an outcome.

Common mistakes in the arbitration track

Treating arbitration as a practice round. Claims and defenses not supported by evidence at the hearing can be waived at the trial de novo (NAR 20).
Missing the 30-day window. The deadline to request a trial de novo is jurisdictional; a late request is not considered (NAR 18).
Not paying the arbitrator's bill. A party who fails to pay can be deemed to have waived the right to a trial de novo.
Ignoring the 21-day exemption deadline. A request to leave the program because the case is worth more than $100,000 must be filed within 21 days after the first answer (NAR 5).
Relying on an out-of-date number. Some older court pages still show earlier limits. Check the filing date against the current rules.
Forgetting the clock that starts before any of this. None of these programs extends the 2-year deadline to file an injury lawsuit (NRS 11.190); see our post on time limits for filing an auto accident lawsuit in Nevada.

What to do this week

Write down the date of the crash and the date two years later.
Total your medical bills, lost pay and future care estimates, so the value question (above or below $100,000) has numbers behind it.
Gather the evidence an arbitrator will see: the crash report, photos, medical records and witness names. Our guide to what happens after a car accident in Las Vegas lists where each comes from.
If a lawsuit has already been filed, ask whether the case was assigned to arbitration and who the arbitrator is.
If an award has been served, mark the 30-day trial de novo deadline on your calendar the same day.

Frequently asked questions

Is court-annexed arbitration binding?

No. The program is mandatory but nonbinding: any party may file a request for trial de novo within 30 days after the award is served (NAR 18). If nobody does, the award is entered as a judgment.

Can the arbitrator award more than $100,000?

No. The maximum award is $100,000 per plaintiff, exclusive of attorney's fees, interest and costs (NAR 16). Cases likely worth more can ask to be exempted.

Who are the arbitrators?

The court says arbitrators are randomly assigned from an approved panel of over 300 qualified arbitrators, and the ADR Office monitors each case to its conclusion.

How long is a short trial?

Under the Nevada Short Trial Rules, each side gets 3.5 hours to present its case (NSTR 21). Some court pages still say three hours, but the current rule text says 3.5.

Can I skip arbitration and go straight to a short trial?

Yes, if the parties agree. Any civil case may be exempted from arbitration by mutual consent to participate in the Short Trial Program or the Mediation Program (NAR 5).

Who sets the date of the arbitration hearing?

The arbitrator sets the time and date of the hearing within 6 months of appointment, and may move it for good cause on a written request (NAR 12). A short trial, by contrast, is run by a short trial judge, with a jury of four unless the parties agree to six or the judge allows eight (NSTR 22).

Can a drunk driving case go to arbitration?

It can, but if the district court rules on a dispositive motion that a punitive damages claim may go to the trier of fact, the case is automatically exempted from arbitration (NAR 5).

If your crash case is headed to court in Clark County, attorney Maysoun Fletcher can explain which track it is likely to take. Call 702-333-6339 for a free consultation.