Hurt as a passenger in a Las Vegas crash: can I claim against both drivers?

Last updated October 18, 2026.

Yes. A passenger can bring a claim against every driver whose carelessness helped cause the crash, including the driver of the car the passenger was riding in. When Nevada's comparative fault statute applies, each driver generally pays only his own percentage of the damages, so the passenger often needs both claims to be paid in full. A Las Vegas car accident claim for a passenger usually involves at least two insurers.

Passengers are in an unusual spot. They almost never caused the crash, yet they can end up waiting while two drivers and two insurers argue about who did. This page explains how Nevada divides the bill between drivers, which policies can pay you, and what happens when the driver you rode with is a friend, a coworker or a relative.

How does a passenger claim against two drivers work, step by step?

Get both drivers' information. Each driver in an injury crash must give a name, address and registration number, and show a license on request (NRS 484E.030(1)). Do not leave it to the drivers to exchange details for you.
Get the crash report. It records each driver's account, any citation and the insurers. See which agency handles a Las Vegas crash and how to get the report.
Open a claim with both drivers' insurers. Do this even if one driver seems obviously at fault. Fault shares often move once the evidence comes in.
Find your own coverage. Your own auto policy, or one in your household, may include uninsured or underinsured motorist coverage and medical payments coverage that follow you as a passenger, depending on the policy's terms.
Treat and document. Keep every record, bill and work note. Both insurers will review the same file.
Send a demand to each insurer. Nevada's claim-handling deadlines then run separately for each; see how long an insurer has to respond in Nevada.
Think before settling with only one driver. A release given to one person liable for the same injury does not release the others unless its terms say so, but it reduces your claim against them by the amount stated in the release or the amount paid for it, whichever is greater (NRS 17.245(1)(a)).
File suit within the deadline. Generally 2 years from the crash for injuries (NRS 11.190(4)(e)). In Clark County, a case over $15,000 goes to district court (NRS 4.370).

How does Nevada split the bill between two drivers?

NRS 41.141 governs injury cases in which comparative negligence is asserted as a defense. In those cases, when recovery is allowed against more than one defendant, each defendant is severally liable "only for that portion of the judgment which represents the percentage of negligence attributable to that defendant" (NRS 41.141(4)). In plain terms, if one driver is 70 percent at fault and the other 30 percent, each pays that share, and one driver's thin insurance is not the other driver's problem. Our guide to how Nevada's 50 percent fault rule works after a car crash walks through every part of the statute with examples.

The statute keeps joint and several liability, where each defendant can be made to pay the whole judgment, for five kinds of cases: strict liability, intentional torts, toxic or hazardous substance releases, concerted acts of the defendants, and injuries from a product manufactured, distributed, sold or used in Nevada (NRS 41.141(5)).

Situation	How the drivers share responsibility	Rule
One driver entirely at fault	That driver's coverage pays; the other driver owes nothing	General negligence
Both drivers careless, comparative negligence raised as a defense	Each pays only his percentage of the judgment	NRS 41.141(4)
Drivers acting together, such as racing each other	Joint and several liability can survive for concerted acts	NRS 41.141(5)(d)
A driver who hit you on purpose	Joint and several liability can survive for an intentional tort	NRS 41.141(5)(b)
A defective part played a role	Joint and several liability can survive for a product injury	NRS 41.141(5)(e)
One driver settles before judgment	That driver's share and settlement are kept from the jury; the judge deducts the settlement from what you recover	NRS 41.141(3); NRS 17.245
Your driver was an immediate family member using the owner's car with permission	The owner is jointly and severally liable with that driver	NRS 41.440

One question the statute leaves open on its face: NRS 41.141 is written for actions "in which comparative negligence is asserted as a defense." Many passengers did nothing wrong, and no one claims otherwise. How the several liability rule applies when no comparative negligence defense is raised is a question of how courts read the statute. It is worth raising early, because it can change how much one driver's insurer may be asked to pay.

Between the drivers themselves, Nevada also allows contribution: a driver who pays more than his equitable share of a common liability can seek the excess from the other (NRS 17.225). That is their fight, not yours, but it explains why insurers sometimes pay a passenger and then sort out the split later.

Which policies can pay a passenger?

Policy	What it can cover	Rule
The liability policy on the car you were in	Your driver's share of fault; an owner's policy covers anyone driving with permission	NRS 485.3091(1)(b)
The other driver's liability policy	That driver's share; the Nevada minimum is $25,000 per person and $50,000 per crash	NRS 485.185
Your own UM coverage, or a household policy	An at-fault driver with no insurance, or a hit-and-run with contact and a timely report	NRS 690B.020
Your own UIM coverage, or a household policy	Damages above an at-fault driver's bodily injury limit	NRS 687B.145(2)
Medical payments coverage	Medical bills regardless of fault, if bought; insurers must offer at least $1,000	NRS 687B.145(3)

If more than one policy covers the same loss, a policy may limit you to the highest single limit and split it between them, but only in clear and prominent language, and that limit is void if you paid a full premium for separate coverage on the same risk (NRS 687B.145(1)). Our page on claiming your own underinsured motorist coverage explains how the UIM step works once an at-fault policy runs out.

Can I claim against a friend, coworker or relative who was driving?

Yes, and in practice the claim is against that person's insurance, not their savings. People hesitate because they do not want to sue someone they know. A claim against the driver's liability policy is what that coverage exists for.

Two rules matter when the driver is family. First, a Nevada policy on a private passenger car may exclude, reduce or limit coverage for a named insured's liability for injuries to another named insured or to a household member, unless the named insured rejected that limit on the insurer's form (NRS 687B.147). If you live with the driver, ask for the policy and any signed form. Second, when an immediate family member drives an owner's car with permission, Nevada imposes that driver's liability on the owner as well, jointly and severally (NRS 41.440).

If you were riding in a borrowed car, the owner's policy usually covers the permissive driver (NRS 485.3091(1)(b)); our article on claims when the at-fault driver borrowed the car covers the general idea. If your driver was working for Uber or Lyft, different minimums apply; see who pays after an Uber or Lyft crash.

What changes the answer

Whether anyone says you were at fault. An insurer may argue a passenger should not have ridden with a driver known to be impaired. That raises comparative negligence, which can reduce your recovery and brings NRS 41.141 into play. A missing seat belt is different: Nevada says it may not be considered as negligence or causation in any civil action (NRS 484D.495(4)(b)). See whether the insurer can blame you for not wearing a seat belt.
How fault splits between the drivers. With several liability, a driver who is 20 percent at fault pays 20 percent of the judgment (NRS 41.141(4)), even if the other driver cannot pay his share.
An exception to several liability. Intentional acts, concerted acts such as street racing, and product defects can keep each defendant liable for the whole (NRS 41.141(5)).
A household exclusion. If you live with the driver, the driver's policy may limit coverage for your injuries unless the exclusion was rejected in writing (NRS 687B.147).
A rental car. A passenger in a rented car has no right of action against the rental company under NRS 482.305, and the company's coverage need not cover the renter's liability to passengers (NRS 482.305(1), (3)). See how rental car claims work.
A child passenger. A minor's settlement may need court approval; see court approval of a child's settlement.
Riding for work. If you were a passenger on the job, workers' compensation may apply alongside the claim against the drivers; see workers' comp and a crash claim.

For example: a flashing yellow arrow on Rainbow Boulevard

Imagine a passenger named Grace riding to lunch with a coworker, Ben. At Rainbow Boulevard and Sahara Avenue, Ben turns left on a flashing yellow arrow without fully checking oncoming traffic. An oncoming driver, going well over the limit, hits the passenger side. Grace suffers a fractured pelvis. All figures here are hypothetical.

Ben's insurer says the speeding driver caused the crash. The speeding driver's insurer says Ben should have yielded. Grace opens claims with both. Her damages are later valued at $150,000. Suppose fault is split 60 percent to the speeding driver and 40 percent to Ben, and the speeding driver's insurer argues Grace was partly to blame for distracting Ben, so comparative negligence is asserted in the case, though the jury puts none of the fault on her.

Under NRS 41.141(4), Ben's share is 40 percent and the speeding driver's is 60 percent, each measured against the judgment. Ben has $100,000 of bodily injury coverage, so his share is covered. The speeding driver has the $25,000 minimum, far short of his share. Ben's insurer cannot be made to pay the speeding driver's part. Grace's own UIM coverage, if she has it, is where the missing piece of the speeding driver's share may come from (NRS 687B.145(2)).

Now suppose Grace settles with Ben's insurer first. The release does not free the speeding driver unless it says so, and her claim against him is reduced by the amount stated in the release or paid for it, whichever is greater (NRS 17.245(1)(a)). The timing and wording of that release matter.

Common mistakes passengers make

Claiming only against the "other" driver. If your own driver shared the blame, that share may be collectible only from your driver's policy.
Not claiming against a friend's insurance out of loyalty. The claim is against the coverage the driver paid for.
Signing a release with one insurer without reading it. Its terms decide whether other drivers are released too (NRS 17.245).
Assuming there is no UIM because you were not driving. Your own or a household policy may cover you as a passenger.
Giving both insurers recorded statements before you have the report. See whether you have to give a recorded statement.

What to do this week

Write down both drivers' names, plates and insurers, and request the crash report.
Open a claim with each driver's insurer and write down each claim number.
Pull every auto policy in your household and look for UM, UIM and medical payments coverage.
If you live with the driver, ask for that policy and any signed household exclusion form.
Keep medical records, bills and missed-work notes in one folder.
Do not sign a release with either insurer until you know what it covers.
Mark the 2-year deadline from the crash date.

Frequently asked questions

Can a passenger ever be at fault?

Rarely, but an insurer may argue it, for example that you rode with a driver you knew was impaired. Not wearing a seat belt may not be considered as negligence in a Nevada civil case (NRS 484D.495(4)(b)). If comparative negligence is asserted, your recovery is reduced by your share and barred only if your share is greater than the defendants' combined (NRS 41.141(1)).

Do I have to sue both drivers at once?

Not at first; most passenger claims start as insurance claims against both. If a lawsuit is needed, naming everyone who may share fault in one case is usually the cleaner path, because NRS 41.141(2) has the jury assign a percentage to each party remaining in the action.

What if the driver I was riding with had no insurance?

Your own or a household UM coverage may treat that driver as uninsured (NRS 690B.020(3)). See claims when an at-fault driver has no insurance.

Who pays my medical bills while the drivers argue?

Medical payments coverage, if any policy you are covered by includes it, can pay regardless of fault (NRS 687B.145(3)). Health insurance may pay and seek repayment later, and a hospital may claim a lien; see hospital liens on a settlement.

Is it different on a motorcycle?

The fault rules are the same, but the coverage questions differ. See whose insurance pays a motorcycle passenger.

Where would the case be heard?

For a Clark County crash with damages over $15,000, usually at the Regional Justice Center in the Eighth Judicial District Court (NRS 4.370). See what to expect at the Regional Justice Center.

If you were hurt as a passenger and two insurers are each pointing at the other driver, attorney Maysoun Fletcher can help you keep both claims moving. Call 702-333-6339 for a free consultation; we answer 24/7.