Nevada Car Accident Compensation Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 18, 2024
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People get in car accidents every day in Nevada. The good news is that most motor vehicle accidents don't result in personal injury. If you're in a fender-bender, you'll likely only have to deal with property damage.
You may have a potential personal injury claim if you're a car accident victim. It depends on several factors, including the nature and extent of your bodily injuries. It also depends on whether your car accident attorney can prove fault. Usually, your car accident lawyer will negotiate a settlement with the car insurance company. If not, you may have to sue the at-fault driver for damages.
Here, we'll explain Nevada's car accident laws and how they impact your right to compensation. If you still have questions about your car accident case, contact a skilled personal injury lawyer.
Nevada Car Accident Compensation Laws at a Glance
Below is a table outlining Nevada's car accident compensation laws, including limits on damages and the statute of limitations.
Statute of limitations |
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Limits on damages |
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Other limits | Nevada follows a modified comparative negligence rule, which states that plaintiffs can still collect damages, even if they’re partly at fault. Under this rule, you can only pursue damages if you’re less than 50% at fault. The court will reduce your damages by your percentage of fault (N.R.S. § 41.141). |
Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult an attorney or conduct legal research to verify your state's laws.
Types of Damages in Nevada
The reason you file a car accident claim is so you can collect damages. If you suffer injuries in your auto accident, you may have a legal claim. When you file your auto insurance claim, you'll demand compensation for your out-of-pocket losses.
You won't have to take further action if the insurance adjuster pays your claim. But you'll have to sue if your insurance coverage doesn't pay your entire claim or the insurance company denies your claim.
In your car accident lawsuit, your personal injury attorney will demand some or all of the following types of damages:
- Medical bills
- Future medical treatment
- Lost wages
- Lost future income
- Pain and suffering
- Property damage
To recover any damages, your attorney must prove your case. They'll need valuable information you can only gather at the accident scene to do this. This is why you must take specific steps immediately after your traffic accident.
Steps to Take Immediately After Your Collision
Most car accidents don't result in personal injury lawsuits. In most cases, the at-fault driver's insurance company will pay your claim. In the worst case, your own insurance policy should cover any damages. But if you need to sue, your attorney will need evidence to support your claim.
The best way to increase your chances of compensation is to take the following steps immediately after your car crash:
- Call 911 — Regardless of how minor the collision, you must call the police. The dispatcher will send a police officer to investigate the crash scene. They will also ensure that an ambulance arrives on the scene to transport any accident victims with serious bodily injury. Once the police complete their investigation, they'll put their findings in an official police report. This report will prove invaluable when it comes time to show fault.
- Exchange information with the other motorist — While you're waiting for the police to arrive, talk to the other driver. You should exchange pertinent information, such as insurance information, your phone number, and driver's license number. Ideally, the police will include this in their accident report. But there's always the chance the other driver will leave the accident scene before the police arrive.
- Seek immediate medical attention — You should go to the nearest hospital for medical treatment, even if you think you're fine. If you wait too long to see a doctor, the other driver will claim that something other than the crash caused your injuries.
- File your insurance claim — The insurance company will not pay your accident claim if you don't submit it promptly. It's best to submit your claim within five days of the date of the accident. This way, there's no chance of the insurance adjuster denying your claim for untimely filing.
- Talk to a skilled car accident lawyer — No law says you must hire a lawyer to handle your injury case. But if you want to increase your odds of recovering damages, you should meet with an attorney.
Nevada's At Fault and Modified Comparative Negligence Laws
Nevada follows the modified comparative negligence rule, requiring a plaintiff in a personal injury case to prove they were less at fault than the other party. In Nevada, you can recover damages if you are less than 50% at fault for the collision.
If you're partly at fault, the court will reduce your damages by your percentage of fault. For example, if you sue the other driver for $10,000 but the court finds that you were only 20% at fault, it will reduce your damages by $20,000.
Seeking Compensation for a Car Accident? A Nevada Lawyer Can Help
If you or a loved one suffer injuries in a Nevada car accident, you may be entitled to compensation. Auto accident cases can become complex, especially if multiple vehicles are involved. Talking to a Nevada injury lawyer and exploring your legal options is best.
Can I Solve This on My Own or Do I Need an Attorney?
- A lawyer can help seek fair compensation on your behalf
- Car accident claims are complex and insurance carriers have lawyers on their side
Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.
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