Do I have to give the other driver's insurance company a recorded statement after a Nevada crash?
Last updated October 18, 2026.
Usually not. The Nevada claim-handling rules that govern adjusters (NRS 686A.310 and NAC 686A.600 to 686A.680) contain no requirement that you give the other driver's insurer a recorded statement, and you are not that company's customer. Your own policy is different: it usually requires you to cooperate with your own insurer. In a Las Vegas car accident claim, the safer course is to give the other insurer basic facts in writing and decide about any recording later.
Adjusters for the at-fault driver often call within a day or two, sound friendly, and ask to "just get your side on tape." That call is part of their investigation. What you say can be replayed later to argue about fault and about how badly you were hurt. This page explains what Nevada law actually says, where your duties really are, and how to handle the request without hurting your claim.
How should you handle a recorded statement request, step by step?
Most requests follow the same pattern. Here is how to respond at each point.
- Find out who is calling and which policy they represent. Ask for the adjuster's name, the insurance company, the claim number and whose policy it is. If the caller works for the other driver's insurer, you are a "third-party claimant" under NAC 686A.650: someone making a claim against that company's insured.
- Report the crash to your own insurer. Your policy likely requires prompt notice and cooperation. A statement to your own company, for example for a collision, medical payments or underinsured motorist claim, is a contract duty. Read the "duties after an accident or loss" part of your policy.
- Give the other insurer the basics, not a recording. Your name, contact details, the date, time and place of the crash, your vehicle, and the police report number are enough to open a claim. The insurer must acknowledge your claim within 20 working days (NAC 686A.665(1)).
- Get the police report before discussing fault. In the city of Las Vegas and unincorporated Clark County that usually means the Las Vegas Metropolitan Police Department; on a freeway it may be the Nevada Highway Patrol. Our page on which agency handles your crash and how to get the report explains the request. For how crashes inside city limits are reported and where cases go, see our page on Las Vegas crashes, police and courts.
- Ask for the request in writing. Within 20 working days of notice, the insurer must send you a list of any items, statements and forms it reasonably believes it will need (NAC 686A.670(1)). Ask the adjuster to put the request for a recorded statement, and its purpose, in an email or letter.
- Decide with full information. Once you have the report, your medical picture, and advice if you want it, you can choose to decline, answer written questions, or give a limited statement on agreed topics.
- Keep your own record. Write down every call: the date, the person, and what was said. If anything is recorded, ask for a copy of the recording or transcript.
Whose insurer is asking, and what do you owe each one?
The answer depends on whose company is on the line. This table sets out the difference.
| Question | Your own insurer | The other driver's insurer |
|---|---|---|
| What is your role? | First-party claimant: you claim under your own policy (NAC 686A.625) | Third-party claimant: you claim against its insured (NAC 686A.650) |
| Do you owe it a statement? | Your policy's cooperation and notice terms usually require you to help it investigate | No duty in NRS 686A.310 or NAC 686A.600 to 686A.680; you have no contract with it |
| Who does the adjuster work for? | The company, which is weighing what it owes you | The company, which is defending the person who hit you |
| Claim deadlines that protect you | Acknowledge in 20 working days; decide in 30 working days after proof of loss; pay within 30 days of acceptance (NAC 686A.665, 686A.675) | Acknowledge in 20 working days; reply to pertinent letters in 20 working days; begin investigating in 20 working days (NAC 686A.665, 686A.670) |
| If it treats you unfairly | A damages claim for unfair practices, because you are its insured (NRS 686A.310(2)) | A complaint to the Nevada Division of Insurance; NRS 686A.310(2) gives the damages claim to the company's own insured |
What do Nevada's claim rules actually say?
Nevada does not have a statute about recorded statements as such. What it has is a list of unfair claims practices in NRS 686A.310 and detailed handling standards in NAC 686A.600 to 686A.680. (There is no NAC 686A.685; the next section, 686A.690, covers complaints about matters other than claims.) The pieces that matter here:
- No misrepresentation. An insurer may not misrepresent pertinent facts or policy provisions to claimants (NRS 686A.310(1)(a)). If an adjuster tells you a recording is "required by law," ask which law, in writing.
- No discouraging a lawyer. Advising a claimant not to seek legal counsel is an unfair practice (NRS 686A.310(1)(o)).
- No misleading you about deadlines. Misleading a claimant about a statute of limitations is an unfair practice (NRS 686A.310(1)(p)). Your injury deadline is generally 2 years from the crash (NRS 11.190(4)(e)).
- No false urgency. An insurer may not suggest that a third-party claimant's rights will be impaired if a form or release is not completed within a given time, except to point out a statute of limitations (NAC 686A.675(6)).
- Prompt replies. The insurer must reply within 20 working days to a pertinent communication from a claimant that reasonably calls for a response (NAC 686A.665(3)). A written answer to its questions starts that clock for its next step.
- No pushing you onto your own policy. Where liability and damages are reasonably clear, the at-fault insurer may not recommend that you claim under your own policies just to avoid paying under its policy (NAC 686A.680(3)).
The investigation rule, NAC 686A.670(1), lets the insurer list the statements and forms it believes it will need. That is a notice duty on the insurer. Nothing in that section says a third-party claimant must supply every item on the list. Declining a recording may slow the other company's evaluation, but it does not forfeit your claim under these rules.
What changes the answer
- Whose insurer it is. With your own company, refusing to cooperate can put your coverage at risk under the policy's terms. With the other driver's company, the rules above contain no statement duty. Read your policy before you refuse your own insurer anything.
- Whether fault is disputed. Nevada reduces your recovery by your share of fault and bars it if your negligence is greater than the combined negligence of the defendants (NRS 41.141(1), (2)). A casual "I didn't see him until the last second" can become the basis for a fault percentage. Intersection crashes are a common example; see who had the right of way in a Nevada intersection crash.
- How settled your injuries are. Neck, back and head symptoms often build over days. A recording made before you have seen a doctor can capture "I'm fine" and be used later to argue the injury came from something else.
- Whether the crash was in a commercial vehicle. A truck or delivery van crash may involve a carrier's insurer, a separate company for the driver, or both. Our guide to what happens after a truck accident in Las Vegas explains who may call you.
- Whether you have an attorney. Once you are represented, the adjuster deals with your attorney. If you are not represented and talks drag on, the insurer must warn you in writing 60 days before a time limit may expire (NAC 686A.675(5)).
- Seat belt and gear questions. Adjusters often ask whether you were buckled in. Nevada says a violation of the seat belt law may not be considered as negligence or as causation in any civil action (NRS 484D.495); read whether an insurer can blame you for not wearing a seat belt before answering.
For example: the call that comes on day two
Imagine a driver named Danielle. She is stopped at a red light on Flamingo Road near Decatur Boulevard when a pickup rear-ends her. Two days later, with a sore neck she has not yet had checked, the pickup driver's insurer calls. The adjuster is warm, says the company "just needs a quick recorded statement to move things along," and asks whether she is hurt. Everything here is hypothetical.
Danielle asks for the adjuster's name, the claim number and an email address. She gives the date, the place, her vehicle, and the LVMPD event number, and says she will respond to any other questions in writing after she sees a doctor. She asks the adjuster to email any list of documents the company needs. Under NAC 686A.670(1), that list is due within 20 working days of her notice.
A week later, an urgent care visit leads to imaging and a referral. When the adjuster emails three questions about the crash, Danielle answers them in writing: where she was stopped, that her light was red, and that she is still being treated. She does not guess at speeds or distances, and she does not describe her injuries as "minor." Her own insurer, which she called the first day, gets a full report as her policy requires.
Now change one fact. Suppose Danielle had given the recording on day two and said, "I think I'm okay, just shaken up." That sentence would not end her claim. It would, however, give the insurer an argument that later treatment was unrelated, and it would take medical records to answer it. Our page on getting your medical records for a Nevada injury claim explains how to collect them.
Common mistakes with recorded statements
- Agreeing on the first call. The first call often comes before you have the police report or a diagnosis. Nothing in Nevada's claim rules requires you to decide that day.
- Guessing. Speeds, distances and the order of events are easy to get wrong after a shock. "I don't know" is a complete answer. A guess becomes evidence. Our article on what to tell an insurance adjuster has more on keeping answers factual.
- Downplaying injuries. Saying "I'm fine" out of politeness is natural. Say instead that you are still being evaluated.
- Signing a broad medical authorization with the statement. Adjusters often send an authorization along with the request. Nevada lets a representative with your written authorization inspect and copy your records (NRS 629.061(1)(a), (4)), so read its scope before signing anything.
- Confusing the two insurers. People refuse their own insurer and then talk freely to the other driver's. It should usually be the other way around.
- Talking about a quick check. A recorded call sometimes ends with an offer. Before you accept any money, read what you give up if you sign a fast settlement and release.
What to do this week
- Report the crash to your own insurer and ask for a copy of your full policy.
- Request the police report, or note the event number until it is ready.
- Start a call log: date, caller, company, claim number, and what was asked.
- If the other driver's insurer calls, give only basic identifying facts and ask for any further requests in writing.
- See a doctor and follow the treatment plan, so your records describe your injuries accurately.
- Do not sign any authorization, release or settlement check without reading every page.
- Mark the 2-year injury deadline (NRS 11.190(4)(e)) on your calendar.
Frequently asked questions
Can the adjuster record me without asking?
Most adjusters ask permission at the start of the recording and have you confirm it on tape. If you are unsure whether a call is being recorded, ask directly and write down the answer. You can always end a call and continue in writing.
Will refusing a recorded statement make the other insurer deny my claim?
The insurer must still investigate and handle the claim under NAC 686A.670 and NRS 686A.310, and it can gather facts from the police report, photos, witnesses and its own driver. Written answers give it your account without the risks of an unscripted interview. If it stalls, you can file a complaint with the Nevada Division of Insurance.
Do I have to give my own insurance company a recorded statement?
Possibly. That duty comes from your policy, not from the claim rules, and most auto policies require cooperation with the company's investigation. Read the policy's duties section and ask what the statement will cover. You can still ask to see the police report first.
How long does the other insurer have to respond once I send information?
It must acknowledge your claim within 20 working days and reply within 20 working days to a pertinent communication that calls for a response (NAC 686A.665). Our page on how long an insurer has to respond in Nevada lays out the full set of deadlines.
Can I ask for a copy of my statement?
Yes, you can ask, and you should do so in writing. Nevada's claim rules do not spell out a right to a copy of a recorded statement, so the company may say no. That is one more reason to keep your own notes of every conversation.
Does a recorded statement matter if the police already blamed the other driver?
Yes. A police report is strong evidence, but the insurer can still argue comparative fault under NRS 41.141 or dispute your injuries. A statement can give it material for either argument.
I was visiting Las Vegas and flew home. Do the same rules apply?
Yes. Nevada's claim rules define a claimant without regard to where the claimant lives (NAC 686A.620 to 686A.650), and adjusters often call visitors once they are home and busy. See handling a Las Vegas claim after you fly home.
If the other driver's insurer is pressing you for a recorded statement, attorney Maysoun Fletcher can talk it through with you before you answer. Call 702-333-6339 for a free consultation; we answer 24/7.
Sources
- NRS 686A.310, unfair practices in settling claims, Nevada Legislature
- NAC 686A.600 to 686A.650, scope and claimant definitions, Nevada Legislature
- NAC 686A.665, acknowledgment and reply deadlines, Nevada Legislature
- NAC 686A.670, investigation of claims, Nevada Legislature
- NAC 686A.675, standards applicable to all insurers, Nevada Legislature
- NAC 686A.680, standards for automobile claims, Nevada Legislature
- NAC 686A.690, complaints about matters other than claims, Nevada Legislature
- NRS 41.141, comparative negligence, Nevada Legislature
- NRS 11.190, time limits for lawsuits, Nevada Legislature
- NRS 484D.495, safety belts, Nevada Legislature
- NRS 629.061, inspection and copies of health care records, Nevada Legislature
- File a Complaint, Nevada Division of Insurance
