After a car accident in Nevada, you will have to file a claim with your auto insurance company in order to receive reimbursement for your losses. Here are five steps to take to make sure you recover what you need:
- hire a personal injury lawyer to file the claim for you,
- provide your insurance company with the necessary information,
- do not downplay your losses or admit to being at fault,
- get a professional estimate of your property damage and medical bills, and
- discuss any settlement offer that you receive with your lawyer.
Insurance type in Nevada | What it covers | Required or optional | At-fault party | Minimum coverage |
Bodily injury or death | Injuries or death of people in the other vehicle | Required | You | $25,000 per person, $50,000 per accident |
Injury to or destruction of property | Damage to the other vehicle or property | Required | You | $20,000 |
Med Pay | Your injuries and your passengers’ injuries | Optional | Regardless of fault | At least $1,000 |
Uninsured/Underinsured motorist (UM/UIM) |
Your injuries and your passengers’ injuries if the other driver has little or no insurance or commits hit-and-run | Optional | Other driver | $25,000 per person, $50,000 per accident |
Collision | Damage to your vehicle | Optional | Regardless of fault | Up to your car’s actual cash value |
1. A Nevada car accident lawyer can file your insurance claim
The best way to ensure that your car insurance claim recovers the compensation you need is to hire an experienced personal injury lawyer to file it for you. They will know what information to include and what to not include. They will also know whether to file a claim against your insurance company of the other driver’s liability insurance policy. This can significantly increase the amount that you recover.
Hiring a personal injury attorney also saves you time and lots of stress. This is especially important after a serious car accident. It lets you focus on your immediate needs and your physical recovery.
2. Provide your car insurance company with the necessary information
To file an insurance claim, you will have to provide your insurer with the information they need to process it. This includes:
- the date and time of the accident,
- who was in the vehicle at the time of the crash,
- what the weather was like,
- contact information of the other driver involved, if it was a multi-vehicle crash, as well as their insurance information,
- the license plate numbers and the make and model of all vehicles involved, and
- any police report that was generated from the crash.
Once you have provided this information, an insurance adjuster will investigate your claim.
3. What not to say during the car accident claims process
During this process, there are several things that you can say that can hurt your claim. It is imperative to NOT say anything that might:
- downplay the extent of your losses,
- admit guilt for the accident,
- imply that you were being negligent right before the crash,
- describe your injuries or property damage,
- be interpreted as a description of what happened,
- conjecture about what happened, or
- be recorded as a statement.
Insurance companies frequently use all of these things to reduce their payout. If your statement about what happened contradicts what you say later on, the insurance company will use whatever version benefits them the most. If you downplay your losses, your insurer will take you at your word and reduce its payout.
It is important to remember that, even though you regularly pay premiums to your car insurance company, your insurance company does not have your interests at heart. The insurance company only cares about paying out as little money as possible to satisfy your claim.
4. Estimate your losses from the auto accident
Your insurance company will demand an estimate of your covered losses. Which losses are covered will depend on your insurance policy.
If you only have insurance coverage for property damage, you would get an estimate of the repair cost from an auto body shop.
If it also covers bodily injuries, you would provide documents like your medical bills and other medical records.
Note that these are estimates from healthcare professionals and mechanics. They can provide more accurate estimates than you are.
5. Discuss any settlement offers with your car accident attorney
When the insurance company concludes its investigation, it will make an initial settlement offer. This is a sum of money that it will provide, in exchange for a release. If you sign the release, you agree to settle your claim and not pursue it any further.
It is extremely important to discuss a settlement offer with an experienced car accident attorney before accepting or rejecting it. Your lawyer will have been through this process numerous times before. They will have a better understanding of whether the offer is adequate.
It is not uncommon for insurance companies to make an initial settlement offer that drastically undercompensates you. This is their opportunity to make the claim go away for as little as possible. You will receive way less than you need to recover, but your insurance company will protect its profits. If you accept a low offer, you may end up paying the majority of your medical expenses out-of-pocket.
How long do I have to file my claim?
Most car insurance companies in Nevada have policies that stipulate when a claim must be filed. These policy requirements must be followed or they can undermine your claim.
Under Nevada law, you may also have to report the accident to the Department of Motor Vehicles (DMV) within 10 days if:
- someone was hurt or killed, or
- there appears to be $750 or more in property damage.[1]
This report is made on an SR-1 Traffic Accident Report Form. If a police officer or a member of the Nevada Highway Patrol has already submitted one for the accident, you do not need to send another one.
Failing to file a report can lead to a driver’s license suspension.[2]
What is the statute of limitations for car accidents in Nevada?
Nevada’s statute of limitations for car accidents is two years.[3] If your insurance claim does not lead to a fair settlement offer, under state law you have up to 2 years from the date of the accident to file a personal injury claim. If you file it after this time period has expired, it can be quickly dismissed.
What should I do in the immediate aftermath of the crash?
If you can do so, immediately after a car crash in Nevada you should:
- remain on the scene of the vehicle accident,
- call the police if anyone has been hurt,
- render aid to anyone who has been injured,
- move out of traffic, if it is safe to do so,
- exchange information with other motorists who were involved, like every driver’s insurance and contact information, and
- gather evidence by documenting your surroundings, preferably by taking pictures of the accident scene, the road conditions, and any damages.
If you need emergency medical attention, then focus on getting that and do not worry about anything else.
Additional reading
For more information, see our related articles:
- How to get your “car repair bills” paid after a Nevada accident
- How to get your “medical bills” paid after a Nevada accident or injury
- A guide to “bodily injury liability” insurance in Nevada
- How uninsured motorist insurance and underinsured motorist insurance (UM / UIM) works in Nevada
- How “Med Pay” car insurance works in Nevada
Legal References:
[1] Nevada Revised Statutes (NRS) 484E.070.
[2] NRS 484E.080.
[3] NRS 11.190(4)(e).