Here’s what to do after a Nevada car accident to protect your health and your right to injury compensation.

More than 46 people a day in the Las Vegas metro area alone are injured or killed on Nevada roads.¹

If you or a loved one were injured in a Nevada car accident, you could be eligible for compensation. Read about what to do after a crash, how to determine fault, and how to get fair compensation for your injuries.

What to Do After a Nevada Car Accident

Here are five steps to protect yourself after an accident and build a strong injury claim.

1. Stay At the Scene and Exchange Information

Nevada car accident law states that any driver involved in a crash resulting in an injury or death must immediately stop and remain at the scene. If the vehicle is blocking traffic and can be safely moved, it’s okay to move it to a safe location that doesn’t create a hazard.

Drivers must give their name, address, and the registration number of the vehicle they are driving to the other driver and any police officers investigating the crash. The driver must also show their driver’s license if requested.

2. Call 911 and Help the Injured

Drivers at the scene of an accident must notify police by the quickest method possible and give reasonable assistance to anyone injured, including arranging to transfer the injured person for medical treatment. Calling 911 to report the accident and ask for an ambulance satisfies this obligation.

If you are able, try to help the injured until emergency responders arrive.

3. Seek Prompt Medical Treatment

The impact of a traffic accident can trigger a rush of adrenaline in the body, masking symptoms of potentially serious injuries. You may be dazed by the crash and not even realize you’re seriously hurt.

If you have passengers in the vehicle, your first concern will be their welfare. However, you must protect yourself as well. Don’t say you’re “okay” and wave off emergency responders. Never refuse medical attention at the scene. If the paramedics want to take you to the hospital, let them take you.

Refusing or delaying medical treatment after an accident is not only risky for your health, it gives the at-fault driver’s insurance company an excuse to challenge or deny your injury claim.

If you’re not taken directly to the hospital from the accident scene, go to an urgent care center or see your primary care provider on the day of the accident. Tell each medical provider who examines you exactly when and how you were injured. It’s important to discuss every symptom and injury, not just the most serious ones.

4. Gather Evidence From the Scene

When you make an insurance claim with the at-fault driver’s insurance company, the burden is on you to prove the other driver made a mistake or failed to drive appropriately. The police crash report is important evidence of fault, especially when the other driver is ticketed for traffic violations.

Other types of evidence to gather include:

• Photographs and video of the scene, vehicles involved, and road conditions
• Contact information from witnesses
• Your notes about the crash and what you saw and heard after the collision

5. Notify Both Insurance Companies

Nevada is a traditional fault or “tort” state, so you’re not required to use your own insurance to pay for your injuries. However, you’re still obligated to notify your insurance company after a motor vehicle accident, even if the accident wasn’t your fault.

Your auto insurance policy is a binding contract between you and the insurance company. Every auto policy has a notification clause requiring the policyholder (you) to notify the insurance company of any accidents.

Your insurer has contractual obligations, too. Your insurer has a “duty to defend” you against claims or lawsuits filed by anyone else who may have been injured in the accident. You could lose that protection by failing to promptly notify your insurer of the accident, or by not cooperating with the insurer’s investigation into the accident.

Notify the at-fault party’s insurance company of your intent to file an injury claim. The company will usually respond by assigning a claim number. You may get a call from an adjuster with a quick settlement offer. It’s not in your best interest to discuss a settlement while still in treatment for your injuries. You might need longer to heal, or you may develop complications. Just tell the adjuster you’ll let them know when you’re ready.

Nevada Fault and Liability Rules

Nevada is an “at-fault” liability state, so you can seek compensation for car accident damages from the at-fault driver and their insurance company.

You can still use your own insurance if you have relevant optional coverage, but you are not required to rely on your insurance after a car accident. For example, if you have collision coverage, you might find it easier to have your own insurance company handle your vehicle repair claim. In turn, your insurer will pursue reimbursement from the at-fault driver’s insurance company.

Nevada Shared Fault Rules

Nevada follows a modified comparative fault rule, which means you can pursue a claim against the other driver so long you are not more at fault than the other party. When you are equally or less to blame you can still file a claim, but your compensation will be reduced by your percentage of fault for the accident.

Nevada Car Accident Compensation

Insurance companies in Nevada pay out almost $1.8 Billion in auto accident claims each year.

Car accident lawsuits usually settle out of court, even when a lawsuit had been filed against the at-fault party.

You can estimate the value of a minor to moderate injury claim by adding up your economic damages, like medical bills, lost wages, and related out-of-pocket expenses, then adding one to three times that amount to account for your non-economic damages, like pain and suffering. A multiple of one is reasonable for minor soft-tissue injuries. A higher multiple is reasonable for more extensive injuries.

Severe injuries and wrongful death cases should only be handled by an experienced attorney to ensure the best outcome for victims and their families.

Average Car Accident Settlements in Nevada

The average injury settlement for a moderate car accident claim in Nevada is $31,206, with average payouts ranging from $6,845 to $856,109. Settlements and court awards can range from $1,500 for minor injuries up to $2,000,000 or more for catastrophic injuries.

Injury settlements can vary widely, depending on the circumstances of the accident, the victim’s injuries, and the liability limits of the at-fault driver’s insurance policy.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Clark County, Eriksen v. Girot, A572862, a jury awarded $7,428 to the victim for neck injuries. The at-fault driver admitted rear-ending the victim but denied causing the victim’s injuries.
2. Also in Clark County, Messer v. Escamilla-Estrada, A467965, a jury awarded $1,728,801. The victim claimed neck and back injuries that required surgical implantation of a pain management device. The at-fault driver admitted liability but asserted that the plaintiff shared fault.

Factors that impact car accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multiple-vehicle collisions
• Multiple injured victims
• Wrongful death
• Available insurance coverage

When you and others are badly injured, there may not be enough insurance money to cover everyone’s damages. Insurance coverage may be available from the at-fault driver, and from your own policy, depending on the circumstances of the crash and the optional coverages on your policy.

Nevada State Minimum Insurance Requirements

Nevada drivers are required by law to carry an auto insurance policy with minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $20,000 for property damage.

Optional Insurance Coverage in Nevada

Insurance companies selling auto policies in Nevada are required to offer optional uninsured (UM) and underinsured (UIM) motorist coverage equal to the policy liability limits. The policyholder has the right to decline the optional coverage.

If you choose to purchase UM and UIM coverages, you can turn to your own insurance company for injury compensation after an accident caused by an underinsured driver, a hit-and-run, or a driver with no active insurance.