Nevada Motor Vehicle Accident Laws

Insurance Requirements

System type: Nevada operates as an at-fault state. This means that the driver responsible for causing an accident is liable for covering the resulting damages. Victims can seek compensation directly from the at-fault driver’s insurance or through legal action if necessary.

Minimum coverage requirements: Nevada law requires all drivers to carry the following minimum liability insurance coverage:

• $25,000 for bodily injury per person
• $50,000 for total bodily injury per accident
• $20,000 for property damage per accident

These limits ensure that basic damages, including medical expenses and vehicle repairs, are covered after an accident. However, they might not be sufficient for severe accidents, making additional coverage advisable.

Optional coverages: To enhance protection, drivers in Nevada can opt for additional coverage types, such as:

• Uninsured/underinsured motorist (UM/UIM): Covers your expenses if the at-fault driver has insufficient or no insurance
• Collision coverage: Pays for damages to your vehicle, regardless of fault
• Comprehensive coverage: Covers non-collision-related damages like theft, vandalism, or natural disasters

Penalties for non-compliance: Driving without the required insurance in Nevada can result in steep penalties, including fines ranging from $250 to $1,000 and suspension of your driver’s license and vehicle registration, along with possible reinstatement fees and higher future insurance premiums. 

Rideshare drivers: Nevada mandates specific insurance levels for rideshare drivers, such as those working for Uber or Lyft. These requirements vary by the rideshare period:

• App on, but no passenger (Period 1): Liability limits of $50,000 per person, $100,000 per accident, and $25,000 for property damage
• Ride accepted or passenger on board (Periods 2 and 3): $1,000,000 in liability coverage, plus UM/UIM protection and collision/comprehensive coverage if included in the driver’s personal policy

Fault Laws

Modified comparative negligence in Nevada

Nevada follows a modified comparative negligence system. Under this rule, accident victims can recover compensation as long as their share of fault does not exceed 50%. Compensation is reduced proportionally to the victim’s degree of fault. For example, if you are found 20% at fault in an accident with $50,000 in damages, you can recover $40,000. However, if you are 51% or more at fault, you are barred from recovering compensation.

This system emphasizes the importance of gathering evidence—including police reports, photos, and witness statements—to establish fault accurately and secure a fair settlement.

Multi-vehicle collisions

In cases involving multiple drivers, fault is divided based on each party’s contribution to the crash. These scenarios often require extensive investigation, such as accident reconstruction, to determine liability. Legal representation can be crucial in ensuring proper fault allocation and maximizing compensation.

Special considerations for passengers

Passengers injured in Nevada car accidents have the right to seek compensation from any at-fault party, whether it is the driver of the vehicle they were in or another driver involved in the crash. However, a passenger’s compensation may be reduced if their own actions contributed to their injuries—for example, not wearing a seatbelt at the time of the accident. Passengers are generally not subject to fault unless their behavior directly impacted the driver’s ability to operate the vehicle safely. These cases often require careful evaluation of the circumstances to determine liability and ensure fair compensation.

Statute of Limitations

Personal injury claims: The statute of limitations for personal injury claims in Nevada is two years from the date of the accident. This timeframe applies to drivers, passengers, pedestrians, and bicyclists injured in car accidents. Missing this deadline typically results in the dismissal of your claim.

Property damage claims: Claims for property damage must be filed within three years of the accident date.

Wrongful death claims: For accidents resulting in fatalities, the statute of limitations for wrongful death claims is two years from the date of the victim’s death, not necessarily the accident date.

Government claims: When pursuing a claim against a government entity in Nevada, specific procedures and deadlines apply under the Nevada Tort Claims Act (NRS §§ 41.0305–41.039). Notably, a written claim must be filed within two years of the injury date. For claims against the state or its agencies, this notice should be submitted to the Nevada Attorney General’s office. For claims involving political subdivisions, such as cities or counties, the notice must be filed with the respective governing body. It’s important to note that while filing this claim is a procedural requirement, it is not a prerequisite to initiating a lawsuit. However, adhering to these protocols is crucial, as failure to comply can impact the ability to recover damages.

Exceptions to the statute of limitations:

• Minors: For victims under 18, the statute of limitations is paused until their 18th birthday, giving them until age 20 to file a claim
• Discovery rule: The clock begins when injuries are discovered or reasonably should have been discovered
• Defendant’s absence: If the at-fault party is out of state, the statute of limitations may be paused until they return

Accident Reporting Requirements

When to report an accident

Nevada law requires drivers to report a motor vehicle accident under the following circumstances:

• Personal injury or death: If any person is injured or killed in the accident
• Property damage: If the total damage to all vehicles or property exceeds $750

If a police officer responds to the scene and generates a report, additional reporting may not be necessary. However, if law enforcement does not respond, the driver must file a report with the Nevada Department of Motor Vehicles (DMV).

Filing accident reports

Drivers are responsible for filing Form SR-1 (Report of Traffic Crash) with the Nevada DMV within 10 days of the accident when required. The form can be accessed and submitted online or sent via mail to: 

Nevada Department of Motor Vehicles
Attn: Records Section
555 Wright Way
Carson City, NV 89711

The report should include the driver’s license and registration details, insurance information, contact details of all involved parties, and a description of the crash, including road and weather conditions.

Failure to report an accident as required may result in the suspension of the driver’s license as well as additional penalties, including fines.

How to access accident reports

Accident reports are critical for insurance claims, legal proceedings, and personal records. Depending on the circumstances of your accident, here’s how you can access these reports:

• Online via CRASHDOCS.org: Visit CRASHDOCS.org to request your accident report. You’ll need the crash number, last name of an involved party, and the date of the crash. Reports are typically available 7–14 days after the accident, and there is a $10 fee per report. You can find more information at the Nevada Highway Patrol (NHP) Crash Report Request page
• Contact the investigating police department: If local law enforcement responded to the scene, you can obtain a report from the police department that investigated the crash. Contact them directly for instructions, as fees and processes vary
• Nevada DMV records section: If you filed Form SR-1 with the Nevada DMV, you can request a copy of the report from their Records Section

Additional considerations

Private property accidents: Reporting may not be legally required, but it is advisable to document the incident and exchange information.

Hit-and-run incidents: If the other driver leaves the scene, report the incident to law enforcement immediately and provide as much identifying information as possible.

Wildlife collisions: These incidents must be reported if damage exceeds $750 or injuries occur.

For more information, visit the Nevada DMV Accident Reporting Page.

Compensation Limits

Economic damages: Nevada does not impose caps on economic damages in car accident cases. Victims can seek full recovery for quantifiable financial losses, such as medical expenses, property damage, lost wages, and future earning capacity. Recovery may be limited by the at-fault driver’s insurance policy limits. If damages exceed these limits, victims can explore their own uninsured/underinsured motorist (UM/UIM) coverage or file a lawsuit against the at-fault driver directly.

Non-economic damages: Nevada generally does not cap non-economic damages, such as pain and suffering, emotional distress, or loss of enjoyment of life, in car accident cases. While exceptions do apply to medical malpractice claims and those against governmental entities, those limits do not affect car accident claims involving private parties unless specific conditions are met.

Punitive damages: Punitive damages in Nevada are capped at three times the compensatory damages if the compensatory damages exceed $100,000. If compensatory damages are less than $100,000, punitive damages are capped at $300,000. Notably, no cap applies to punitive damages in cases involving:

• Drivers under the influence of drugs or alcohol
• Product liability claims where a manufacturer is found guilty of severe misconduct
• Insurance companies acting in bad faith 

Claims against government entities: Nevada limits total damages in claims against government entities or employees to $100,000, and punitive damages are not permitted in these cases. This cap applies to both economic and non-economic damages, making it essential to consider the financial constraints when pursuing compensation from public entities.

Special considerations:

• Modified comparative negligence rule: Compensation is reduced by the claimant’s degree of fault. Victims can recover damages only if they are less than 50% at fault.
• Pet injury compensation: Damages for injuries to pets are capped at $5,000

Medical Coverage Considerations

Navigating medical coverage after a car accident in Nevada involves understanding the state’s fault-based insurance system and available options for addressing healthcare expenses. From MedPay to uninsured motorist coverage and medical liens, victims can access various resources to manage their medical costs.

Liability insurance: Nevada requires all drivers to carry liability insurance, which covers the medical expenses of individuals injured in an accident caused by the policyholder. If another driver is at fault, their liability insurance typically covers your medical costs up to the policy limits. However, payments may be delayed until fault is established, and any expenses exceeding the at-fault driver’s policy limits may need to be covered through your own insurance or legal action.

Medical Payments Coverage (MedPay): MedPay is an optional no-fault coverage available to Nevada drivers that helps pay for accident-related medical expenses regardless of fault. This coverage can bridge financial gaps, covering ambulance rides, hospital visits, surgeries, and physical therapy up to the policyholder’s selected limits (e.g., $1,000 to $10,000). MedPay ensures immediate access to funds for medical treatment without requiring fault determination or reimbursement, making it an efficient first line of coverage.

Uninsured/underinsured motorist coverage (UM/UIM): If the at-fault driver lacks sufficient insurance or is uninsured, UM/UIM coverage on your auto insurance policy can provide a vital safety net. This optional coverage helps pay for medical bills and other damages when the responsible party cannot fully cover the costs.

Health insurance: For costs not covered by liability insurance or MedPay, health insurance acts as secondary coverage. It handles remaining medical expenses, such as deductibles and co-pays. However, health insurers often require reimbursement (subrogation) from any settlement received, underscoring the importance of coordinating health and auto insurance claims.

Government assistance programs: Government assistance programs such as Medicaid, Medicare, and TRICARE offer crucial support for eligible individuals to manage medical expenses after a car accident. Medicaid provides comprehensive coverage for low-income individuals, helping to cover a wide range of treatments and services. Medicare is available for those over 65 or individuals with qualifying disabilities, offering coverage for specific accident-related medical treatments. Beneficiaries of these programs must promptly report accident-related claims to ensure smooth processing and avoid potential delays or disputes in coverage. These programs serve as essential safety nets for those who may lack adequate private insurance or other means of covering medical costs.

Medical Liens and letters of protection: Healthcare providers may agree to treat accident victims under a medical lien, ensuring they are paid from any settlement or award received. Attorneys can issue letters of protection to guarantee payment from future settlements, enabling access to necessary care without upfront costs.

Important considerations:

• Prompt treatment: Immediate medical care not only ensures your health but also provides essential documentation for claims and legal cases
• Detailed records: Maintain comprehensive records of medical expenses, insurance communications, and treatment to streamline claims
• Legal guidance: A personal injury attorney can help navigate insurance complexities, negotiate medical liens, and maximize your financial recovery

Unique Local Factors

Nevada’s unique geography and climate present distinct challenges for drivers throughout the state, from bustling urban areas to remote desert highways. Understanding these local factors can help reduce risks and ensure safer driving experiences.

Weather and road conditions: Nevada’s arid climate and varied terrain influence driving conditions year-round.

• Hurricanes heat: High temperatures, especially during summer months, can lead to overheating vehicles and tire blowouts, necessitating regular vehicle maintenance
• Flash floods: Sudden storms in desert regions can cause flash floods, particularly in low-lying areas and washes, creating dangerous driving conditions
• Snow and ice: Northern Nevada, including Reno and areas near Lake Tahoe, experiences snow and icy roads in winter, requiring drivers to use chains or snow tires 

Drivers are advised to check weather alerts, maintain their vehicles for seasonal conditions, and exercise caution during adverse weather.

Traffic and tourism hazards: Nevada’s mix of urban centers and popular tourist destinations contributes to unique traffic challenges.

• Las Vegas congestion: Heavy traffic on I-15, the Strip, and nearby routes is common, particularly during conventions, holidays, and major events like New Year’s Eve
• Rural highways: Sparse roadways in rural Nevada often have higher speed limits and limited lighting, increasing the risk of collisions, especially at night
• Tourism hotspots: Visitors traveling to Lake Tahoe, Hoover Dam, or Nevada’s state parks may be unfamiliar with the terrain, increasing accident risks in these areas

Drivers should remain alert, especially around tourists or in high-traffic zones, and use alternate routes when possible during busy periods.

Local Resources & Contacts

State agencies:

• Nevada Department of Transportation (NDOT): Provides real-time updates on road conditions, closures, and traffic incidents 
  • Website: www.dot.nv.gov 
  • Phone: (775) 888-7000
• Nevada Division of Insurance: Offers guidance on auto insurance requirements and assistance with disputes
  • Website: doi.nv.gov 
  • Phone: (775) 687-0700

Nevada Highway Patrol (NHP): Handles accident reporting, traffic enforcement, and crash investigations.

• Website: nhp.nv.gov       
• Phone: (775) 687-9600

Consulting a Nevada personal injury attorney: Experienced personal injury attorneys can assist victims with Nevada’s fault-based system, uninsured motorist claims, and navigating medical liens. Attorneys also help negotiate settlements and maximize compensation for medical expenses, lost wages, and pain and suffering. Many offer free consultations to evaluate claims.