Drunk Driving Accidents

Can the Nevada Victims of Crime Program help after a drunk driving crash?

Last updated October 7, 2026.

Yes, it can. Nevada law counts a person physically injured or killed as the direct result of a DUI violation as a crime victim (NRS 217.070), and the state's Victims of Crime Program can pay certain medical bills, lost wages, counseling and funeral costs (NRS 217.200). It pays only expenses no other source covers, and its own website says no claim may exceed $35,000.

Most car crashes are not covered by this program at all. Drunk and drugged driving is one of the few exceptions written into the law. This page explains who qualifies, what the program pays, how it fits with insurance and a lawsuit, and how to apply from Las Vegas. It is part of our guide to drunk driving accident claims in Las Vegas.

How do you apply after a DUI crash in Las Vegas?

  1. Make sure the crash was reported to police. The program's site says an application cannot be approved unless the crime was reported to the police or other proper authority, and that a police report should be included whenever possible. Its eligibility page also says the report must be made within 5 days of the crime, unless the victim is physically or mentally unable to do so.
  2. Get the application. The program posts its application in English and Spanish on its website, along with a separate request form for immediate family members of victims. The Las Vegas office is at 500 E. Warm Springs Road, Suite 100, Las Vegas, NV 89119, phone (702) 486-2740, open Monday to Friday, 8:00 a.m. to 5:00 p.m., and staff there can help you fill it out.
  3. Complete every section. The program says a fully completed, signed application is required, in black or blue ink, and that incomplete or unreadable applications will not be considered.
  4. Attach proof. Nevada law lets you prove eligibility with documents such as reports from treating doctors, the police report, a transcript of sworn testimony in a civil or criminal case, and records from government agencies or victim service organizations (NRS 217.100(5)). If you cannot get the police report yourself, the program says it will try to obtain it.
  5. The compensation officer reviews it. If the application plainly shows you are not eligible, it must be denied within 5 days of receipt, and you may appeal that denial to a hearing officer within 60 days. Otherwise, the officer investigates and decides within 60 days, or within 15 days after receiving any extra reports the officer ordered (NRS 217.110).
  6. Appeal if needed. If you disagree with the compensation officer's decision, you may request a hearing before a hearing officer within 15 days after the decision was mailed (NRS 217.112(2)).
  7. Report every other payment. You must tell the program about money you have received or are likely to receive from the offender, insurance, your employer or another assistance program, and those amounts are deducted from your expenses (NRS 217.180(3)).

What does the program pay, and what does it not pay?

Can help withCannot pay
Hospital and ambulance bills; medical and dental treatment; prescriptionsPain and suffering
Mental health counselingProperty damage, including your car
Wage or income loss (by statute, for incapacity of up to 52 weeks)Lost or stolen property or cash
Loss of support for dependents of a victim who diedAny expense payable by insurance or any other source
Funeral and burial expensesAny expense not directly related to the crime
Home health care, medically necessary equipment, insurance co-payments, childcare costs caused by the crimeAny amount above the claim limit the program states ($35,000)

The left column combines NRS 217.200 and the program's benefits page; the right column is the program's own list. The program also says there are limits on individual benefits within a claim.

Deadlines: what the statute says and what the program says

StepNevada statuteProgram website
Report the crimeProof may include a police report (NRS 217.100(5))Within 5 days of the crime, unless the victim is unable
ApplyWithin 60 months after the injury or death; a minor has until 60 months after turning 21; the Director may waive the limit for good cause (NRS 217.100)States a shorter period
Appeal a quick denial60 days, to a hearing officer (NRS 217.110(1))Not stated on the pages reviewed
Request a hearing on a decision15 days after the decision is mailed (NRS 217.112(2))Not stated on the pages reviewed

The statute, last amended in 2025, allows 60 months to apply, while the program's eligibility page still states a shorter period. The safe course is simple: report the crime right away and apply as soon as you can.

What changes the answer

The kind of crash. Compensation is generally not awarded for injuries from operating a motor vehicle. The exceptions are a vehicle used as a weapon, a driver who injured a pedestrian, a driver who violated NRS 484C.110 (DUI), and driving punishable under NRS 484C.430 (DUI causing death or substantial bodily harm) or 484C.440 (vehicular homicide) (NRS 217.220(1)(a)). A crash caused by a sober but careless driver does not qualify.

Where you were sitting. An adult passenger of the offender whose crime caused the injuries is excluded. A minor riding with a DUI driver is not excluded (NRS 217.220(1)(b), (2)). If you were in the other car, on a motorcycle, on a bike or on foot, this exclusion does not apply to you.

Your connection to the driver. A relative of the offender, or someone living with the offender in a continuing relationship, may still receive compensation if the offender would not profit from it (NRS 217.220(3)).

Your own conduct. The compensation officer must award compensation unless the injury or death was substantially attributable to a wrongful act of the victim or substantially provoked by the victim (NRS 217.180(1)).

Financial hardship. The officer may deny an award if you will not suffer serious financial hardship. In deciding that, the officer may not count your home, one vehicle, or savings and investments up to your annual salary (NRS 217.220(4)).

Whether the driver is convicted. An award may be made whether or not anyone is prosecuted or convicted (NRS 217.180(4)). A conviction is conclusive evidence that the offense was committed, unless an appeal is pending (NRS 217.120). On a prosecutor's request, the program may pause a claim while the prosecution is underway (NRS 217.170). Our page on how the criminal DUI case affects your injury claim explains that timeline.

Visitors. A victim of a crime in Nevada who does not live in Nevada may apply in the same manner as a resident (NRS 217.102(2)). That matters in a city with as many visitors as Las Vegas.

A death in the family. The program can pay dependents of a victim who died, a person responsible for the victim's support who paid expenses, and a person who paid the funeral (NRS 217.160, 217.200(2)). Our page on who can bring a wrongful death claim after a fatal crash covers the civil side.

How does the program fit with insurance and a lawsuit?

The program is the payer of last resort. It reimburses crime-related expenses that other sources do not cover, so insurance claims come first. Your health insurance, any medical payments coverage, the drunk driver's liability policy and your own underinsured motorist coverage are all "other sources." Our page on what to do when the drunk driver only has minimum insurance lays out those layers.

If you accept an award and later recover money for the same crime, Nevada is subrogated to your claim in the amount of the award. You must promptly tell the Director about the recovery and repay the lesser of the award or the amount you recovered after attorney's fees and costs (NRS 217.240). That repayment duty continues until the award is repaid.

There is also a protection for you. If a provider accepts the program's payment for medical care, that payment counts as payment in full, and the provider may not try to collect more from you for that service (NRS 217.245). That can matter when a hospital has also asserted a lien; see our page on hospital liens on Nevada car accident settlements. If Medicaid paid some of your care, our page on Medicaid repayment from a Nevada settlement explains its separate claim.

Restitution ordered in the criminal case is a separate source again. The sentencing judge sets an amount for each victim when restitution is appropriate (NRS 176.033(3)), and a restitution payment you receive is a payment you report to the program.

For example: co-pays and lost wages after a DUI crash

Imagine a hypothetical restaurant cook named Andre, stopped at a light on Sahara Avenue when a driver who had been drinking rear-ends him. Police arrest the driver for DUI that night. Andre's health insurance pays most of his hospital bill, but he owes co-payments and misses six weeks of unpaid work.

Andre applies to the Victims of Crime Program with the police report and his doctor's notes. He lists what his health insurer paid and the claim he opened with the drunk driver's insurer. The compensation officer investigates and, in this example, approves his co-payments and part of his lost wages, after deducting what other sources have paid or are likely to pay.

A year later, Andre settles with the driver's insurer. Because the State is subrogated to the amount of his award, Andre notifies the program and repays the lesser of the award or his net recovery, as NRS 217.240 requires. The award covered him while he waited. All names, amounts and results in this example are hypothetical.

Common mistakes with the Victims of Crime Program

  • Overlooking it. The program is easy to miss because most crashes do not qualify. A DUI crash is one that can.
  • Waiting to report the crime. The program's site says the crime must be reported within 5 days unless the victim is unable, and that an application cannot be approved without a report.
  • Leaving out other payments. You must report money from insurance, the offender, your employer and other programs (NRS 217.180(3)). Leaving it out can cause problems later.
  • Treating it as emergency money. The program's website states that it is not an emergency funded program. Plan for a review that takes time.
  • Forgetting the repayment duty. A later settlement or judgment triggers notice and repayment under NRS 217.240.
  • Missing the 15-day hearing window. If you disagree with a decision, the request for a hearing is due 15 days after the decision was mailed (NRS 217.112(2)).

What to do this week

  1. Confirm the crash was reported to police and get the report number.
  2. Download the application from the program's website, or call the Las Vegas office for help.
  3. Gather medical bills, explanation of benefits forms, doctor's notes and proof of missed work.
  4. List every insurance policy and payment source that applies to your losses.
  5. Send the completed, signed application with copies of your documents, and keep a full copy.
  6. Read our post on handling medical bills after an auto accident to line up your other payment sources.

Frequently asked questions

Does the drunk driver have to be convicted before I can apply?

No. An order for compensation may be made whether or not anyone is prosecuted or convicted (NRS 217.180(4)). The crime still has to be reported to police or another proper authority.

Can I get help if the driver was on drugs, not alcohol?

Yes, if the driver violated NRS 484C.110, which covers controlled substances and listed prohibited substances as well as alcohol. NRS 217.070 counts people physically injured or killed as the direct result of that violation as victims.

Will the program pay for my car?

No. The program lists property damage among the expenses it cannot pay. Car damage goes through the drunk driver's property damage coverage or your own collision coverage.

Does applying affect my injury claim against the driver?

Applying does not stop you from pursuing the driver or insurance. If you accept an award, the State is subrogated in that amount and must be repaid from a later recovery, less attorney's fees and costs (NRS 217.240), so the two need to be coordinated. Punitive damages against the driver are a civil claim; see punitive damages against a drunk driver in Nevada.

Can family members get help after a death?

Family members of a deceased victim may be eligible, according to the program's site, and dependents of a deceased victim can receive compensation for their financial loss (NRS 217.160, 217.200). The program offers a separate request form for immediate family members.

Can I speak at the driver's sentencing as well?

Yes. Applying to the program does not affect your right to be heard. Nevada requires the judge to give victims a chance to speak before sentencing; see speaking at the drunk driver's sentencing in Las Vegas.

If you were hurt by a drunk driver in Las Vegas and are juggling bills, insurance and the criminal case, attorney Maysoun Fletcher can help you line up every source of payment. Call 702-333-6339 for a free consultation.

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