Nevada is not a no-fault state for car accidents. Nevada follows an at-fault system, which means the driver who causes your accident is financially responsible for your medical bills, lost wages, vehicle damage, and pain and suffering. You can file a claim directly with the at-fault driver’s insurance company and pursue full compensation without meeting any injury threshold.
Nevada’s at-fault laws work differently than states that use no-fault insurance systems.
When someone else causes your crash in Las Vegas or anywhere in Nevada, whether it’s a DUI accident or other collision, their insurance company pays for your damages—not your own insurer. The state also follows modified comparative negligence rules, allowing you to recover compensation even if you share some blame, as long as your fault is less than 51% comparative negligence.
This article explains how Nevada’s at-fault system works, what damages you can recover, how fault gets determined, and the steps you should take to protect your rights after an accident.
Is Nevada a No Fault State or At Fault State?
Nevada is an at-fault state, not a no-fault state. This means if someone else causes your car accident, their insurance company pays for your damages—not your own insurance.
In Las Vegas and throughout Nevada, the driver who causes the crash is responsible for paying medical bills, lost wages, car repairs, and pain and suffering. You can sue the at-fault driver from the first dollar of damages without meeting any injury threshold.
What At Fault Means in Nevada
At-fault means the driver who caused the accident is financially responsible for everyone else’s losses. Their insurance company must pay for your damages instead of you filing with your own insurer first.
This is completely different from no-fault states where you would turn to your own insurance policy regardless of who caused the crash. In Nevada, you file directly with the responsible driver’s insurance company to get compensated.
The at-fault driver’s insurance covers several types of damages:
- Medical expenses: Emergency room visits, surgery, physical therapy, prescription medications, and future medical care
- Lost wages: Income you missed while recovering and any reduction in your future earning ability
- Property damage: Vehicle repairs or replacement value plus damage to other personal property
- Pain and suffering: Compensation for physical pain, emotional distress, and reduced quality of life
No Fault vs At Fault Explained
Only 12 states use no-fault insurance laws, while Nevada joins 38 others with at-fault systems — see no-fault vs at-fault states.
| Feature | At-Fault States (Nevada) | No-Fault States |
| Who pays damages | At-fault driver’s insurance | Your own insurance (PIP) |
| Right to sue | Sue for any amount anytime | Only sue for “serious” injuries |
| Required coverage | Liability insurance | Personal Injury Protection |
| Claim process | Must prove other driver’s fault | File with your own insurer first |
In at-fault states like Nevada, proving the other driver caused the accident becomes crucial to your recovery. Insurance companies investigate thoroughly to determine responsibility before paying claims.
How Fault Is Determined in Nevada
Insurance adjusters and courts examine evidence to decide who caused your accident, with some cases like rear-end crashes often having clearer fault patterns than others. Fault isn’t always 100% one person’s responsibility—sometimes multiple drivers share blame for what happened.
The investigation process looks at police reports, witness statements, vehicle damage patterns, and traffic violations. Insurance companies hire accident reconstruction experts for serious crashes to analyze exactly how the collision occurred.
Evidence That Strengthens Your Claim
Strong evidence makes the difference between a successful claim and a denied one, directly affecting how much your personal injury case is worth. You need documentation that clearly shows the other driver caused your accident.
Critical evidence includes:
- Police reports: Official documentation from responding officers with witness information and citations issued
- Witness statements: Independent accounts from people who saw the crash happen
- Photos and videos: Images of vehicle damage, skid marks, traffic signals, and the accident scene
- Medical records: Documentation linking your injuries directly to the accident
- Vehicle data: Event data recorders in modern cars that capture speed and braking information
Collect this evidence immediately after your accident while memories are fresh and physical evidence hasn’t been disturbed.
Comparative Negligence in Nevada
Nevada follows modified comparative negligence rules. You can still recover damages even if you were partially at fault, as long as your fault is less than 51% comparative negligence.
If you share some blame, your compensation gets reduced by your percentage of fault. For example, if your damages total $100,000 but you’re 20% at fault, you’ll receive $80,000.
However, Nevada’s “51% bar rule” completely prevents recovery if you’re 51% or more at fault. This makes proving the other driver bears primary responsibility essential to your case.
Nevada Auto Insurance Minimums
Nevada requires all drivers to carry minimum liability insurance to cover damages they cause to others. The state mandates 25/50/20 coverage levels.
These numbers represent:
- $25,000 for bodily injury to one person per accident
- $50,000 for bodily injury to multiple people per accident
- $20,000 for property damage per accident
These minimums often aren’t enough for serious accidents. Medical bills alone can easily exceed $25,000, leaving you to pursue the at-fault driver personally for remaining costs.
UM, UIM, and MedPay in Nevada
Nevada allows optional insurance coverages that provide crucial protection beyond basic liability requirements. These coverages act as safety nets when the at-fault driver can’t pay.
Medical Payments coverage (MedPay) pays your medical bills regardless of who caused the accident. This works similarly to no-fault insurance by providing immediate coverage for treatment costs.
Uninsured/Underinsured Motorist coverage (UM/UIM) protects you when the at-fault driver has no insurance or insufficient coverage. This coverage also applies to hit-and-run accidents where you can’t identify the responsible driver.
What To Do After a Nevada Car Accident
Your actions immediately after an accident can make or break your claim in Nevada’s at-fault system. Proper documentation and avoiding common mistakes protects your right to compensation.
Steps at the Scene
Follow these essential steps to protect yourself legally and physically:
- Check everyone for injuries and call 911 if anyone needs medical attention
- Exchange driver’s licenses, registration, and insurance information with other drivers
- Take photos of all vehicle damage, the accident scene, and any visible injuries
- Get contact information from witnesses who saw the crash happen
- Wait for police to arrive and file an official accident report
Never admit fault or apologize at the scene, even if you think you might have contributed to the accident. Let the insurance investigation determine responsibility.
Related: Steps to Take After a Car Accident in Las Vegas
Protect Your Claim With Insurers
Report the accident to your own insurance company promptly, even if you weren’t at fault. Your insurer needs to know about the claim and may provide coverage while you pursue the at-fault driver.
When the other driver’s insurance adjuster contacts you, be extremely careful. These adjusters work to minimize their company’s payout, not to help you get fair compensation.
- Avoid recorded statements: Politely decline to give detailed recorded statements without legal advice
- Don’t sign documents: Never sign settlement releases or medical authorizations without understanding them fully
- Keep detailed records: Document all conversations with insurance representatives including dates and what was discussed
What Damages You Can Recover in Nevada
Nevada’s at-fault system allows you to pursue full compensation for all losses caused by the accident. You’re not limited to basic medical coverage like in no-fault states.
Economic damages include measurable financial losses like medical bills, lost wages, and property damage, which are among the types of damages available in personal injury cases. You can recover past expenses and future costs related to your injuries.
Non-economic damages compensate for intangible losses that don’t have specific dollar amounts. Pain and suffering, emotional distress, and loss of life enjoyment fall into this category.
Punitive damages may be available in cases involving extreme recklessness or intentional misconduct. Drunk driving accidents often qualify for punitive damages designed to punish the wrongdoer.
Is There a Threshold to Sue in Nevada
No injury threshold exists in Nevada for filing lawsuits against at-fault drivers. This is a major advantage over no-fault states that require “serious” injuries before you can sue.
You can pursue compensation for any injury, no matter how minor it initially appears. Even soft tissue injuries like whiplash qualify for full damage recovery in Nevada.
No-fault states typically require permanent injury, significant disfigurement, or medical costs exceeding specific amounts before allowing lawsuits. Nevada places no such restrictions on your right to seek compensation.
Will Insurance Rates Go Up if Not at Fault
Nevada law prohibits insurance companies from raising your premiums solely because you were involved in an accident where you weren’t at fault. Your rates should remain the same after a not-at-fault claim.
However, multiple accidents—even if none are your fault—might cause insurers to view you as higher risk. Some companies may still find ways to increase rates through other factors.
If your premiums increase unfairly after a not-at-fault accident, you have the right to question the increase and shop for coverage with different insurers.
Nevada Injury Claim Deadlines
Nevada’s statute of limitations gives you two years from your accident date to file a personal injury lawsuit. Missing this deadline almost always means losing your right to compensation forever.
The two-year clock typically starts ticking on the accident date, not when you discover injuries. Some exceptions exist for cases involving minors or when injuries aren’t immediately apparent, but don’t rely on these exceptions.
Acting quickly preserves crucial evidence and witness memories while they’re still fresh. Waiting too long makes building a strong case much more difficult.
In a Car Accident in Nevada? Contact Us for Help with Your Car Accident Claim
Nevada’s at-fault system makes proving the other driver’s responsibility crucial to your recovery. Insurance companies have teams of adjusters and lawyers working to pay you as little as possible.
At Ladah Injury & Car Accident Lawyers Las Vegas, we’re former insurance defense attorneys who understand exactly how insurers minimize claims. We’ve used that inside knowledge to recover over $400 million for injured clients.
We work on contingency fees, meaning you pay nothing unless we win your case. Our team provides 24/7 support and free consultations to help you understand your rights after an accident.
Call us immediately to start protecting your claim and maximizing your recovery.
Frequently Asked Questions
Does Nevada’s 51 Percent Fault Rule Bar All Recovery
Yes, under Nevada’s modified comparative negligence rule, if you are found 51% or more at fault for an accident, you cannot recover any damages from the other party (51% fault bar).
Is Medical Payments Coverage the Same as Personal Injury Protection
No, MedPay only covers medical expenses up to your policy limits. Personal Injury Protection in no-fault states covers medical bills, lost wages, and essential services, providing broader coverage than Nevada’s optional MedPay.
What Happens If the At-Fault Driver Has No Insurance
You can file a claim through your Uninsured Motorist coverage if you purchased this optional protection. Without UM coverage, you may need to sue the uninsured driver personally, though collecting damages can be difficult.
Should I Accept the First Settlement Offer From Insurance
No, initial settlement offers are typically much lower than your claim’s true value. Insurance companies hope you’ll accept quick settlements before understanding the full extent of your injuries and losses, often pushing car accident settlement agreements that undervalue your claim.
Can I Still File a Claim If I Feel Fine After the Accident
Yes, many serious injuries don’t show symptoms immediately after accidents, including back injuries that may take days or weeks to fully develop.
Does Nevada’s 51 Percent Fault Rule Bar All Recovery
Yes, if you’re found 51% or more at fault for an accident in Nevada, you cannot recover any damages from the other party. This complete bar to recovery makes proving the other driver bears primary responsibility essential.
Is Medical Payments Coverage the Same as Personal Injury Protection
No, MedPay only covers medical expenses up to your policy limits. Personal Injury Protection in no-fault states covers medical bills, lost wages, and essential services, providing broader coverage than Nevada’s optional MedPay.
What Happens If the At-Fault Driver Has No Insurance
You can file a claim through your Uninsured Motorist coverage if you purchased this optional protection. Without UM coverage, you may need to sue the uninsured driver personally, though collecting damages can be difficult.
Should I Accept the First Settlement Offer From Insurance
No, initial settlement offers are typically much lower than your claim’s true value. Insurance companies hope you’ll accept quick settlements before understanding the full extent of your injuries and losses, often pushing car accident settlement agreements that undervalue your claim.
Can I Still File a Claim If I Feel Fine After the Accident
Yes, many serious injuries don’t show symptoms immediately after accidents, including back injuries that may take days or weeks to fully develop.
Final Thoughts
Nevada’s at-fault insurance system means the driver who causes your accident is responsible for paying your damages. While this seems straightforward, proving fault and getting fair compensation requires navigating complex insurance processes.
Insurance companies aren’t on your side—their goal is protecting profits by minimizing payouts. Understanding that Nevada isn’t a no-fault state is just the beginning of protecting your rights.
You don’t have to face this fight alone. Experienced legal representation ensures you get the compensation you deserve while you focus on recovery. If you’ve been injured in a Las Vegas car accident, contact Ladah Injury & Car Accident Lawyers Las Vegas for a free consultation to learn how we can help maximize your recovery.