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What Should I Do if I Am in a Car Accident and the Police Don’t Come?


When police do not respond to a Nevada car crash, you still have legal duties, and you still need to protect your health and your future injury claim. The two biggest mistakes people make are (1) treating the crash like it “doesn’t count” because no officer came, and (2) failing to document what happened while the evidence is still fresh.

Below is a Nevada-focused, step-by-step guide you can follow immediately after a crash when no officer comes to the scene.

Step 1: Make sure everyone is safe, then call 911 anyway

Even if dispatch tells you an officer may not respond, call 911 when there are injuries, suspected intoxication, a hit-and-run, a dangerous roadway situation, or any safety issue. Prioritize getting out of harm’s way, turning on hazard lights, and moving to a safe location if the vehicles can be moved safely.

If anyone is injured, request medical assistance. Nevada drivers have an affirmative duty to render reasonable assistance to injured persons (NRS 484E.030(1)(c)).

Step 2: Exchange the information Nevada law requires

Even when police do not respond, Nevada law requires drivers in crashes involving injury, death, or damage to any vehicle or other property driven or attended by any person to exchange identifying information and show a driver’s license upon request (NRS 484E.030(1)(a)).

At minimum, collect:

  • Full name and current address
  • Driver’s license information (and a photo of it if possible)
  • Vehicle registration number
  • License plate number
  • Insurance company name and policy number (ask for the insurance card and photograph it)
  • The vehicle owner’s name if different from the driver

If the other driver refuses to provide information, note that fact and document it with video and witnesses, then report it to law enforcement.

Step 3: If no officer is present, make a prompt report to law enforcement

Nevada law also provides that if no police officer is present, the driver must “forthwith” report the crash to the nearest police authority or the Nevada Highway Patrol and provide the required information (NRS 484E.030(2)). A violation is a misdemeanor (NRS 484E.030(3)).

Practically, this usually means calling the local police department or NHP non-emergency line and following their instructions. Many agencies also provide a process for “self-reporting” certain collision information. The key is that you do not simply do nothing because an officer did not respond.

Step 4: Consider whether you must file a crash report with the Nevada DMV

Separate from notifying law enforcement, Nevada requires a written or electronic report to the Department of Motor Vehicles in certain crashes.

If the crash is on a highway or on premises to which the public has access, and it results in bodily injury, death, or total damage to any vehicle or item of property apparently $750 or more, the driver must generally submit a written or electronic report to the DMV within 10 days (NRS 484E.070(2)).

There are exceptions, including when the crash was investigated by a police officer and the officer’s report contains specific insurance information (NRS 484E.070(3)).

Two important legal details people miss:

  1. These DMV crash reports are generally confidential and “without prejudice” (NRS 484E.070(6)).
  2. The DMV crash report generally may not be used as evidence in a civil or criminal trial arising out of the crash, with limited statutory exceptions (NRS 484E.070(7)).

In other words, the DMV report is a compliance and administrative tool, not a substitute for building evidence for your injury claim.

Step 5: Document the crash like you are the investigator

If police do not respond, your photos, videos, and witness information become even more important. Before vehicles are moved (if safe), document:

  • Vehicle positions (wide shots showing lanes and intersection layout)
  • Damage to all vehicles (close-ups and medium shots)
  • Skid marks, debris fields, gouge marks, fluid trails
  • Traffic signals, signs, and lane markings
  • Weather, lighting, and visibility conditions
  • The other driver (without escalating conflict) and any obvious impairment indicators
  • Any admissions or statements, recorded calmly and legally

Also capture:

  • The exact location (street signs, cross streets, nearby landmarks)
  • Time and date
  • Names and contact information for witnesses (ideally recorded on video stating what they saw)

Why documentation matters under Nevada law

Nevada courts recognize that the trier of fact decides what caused an accident. Even when a police report exists, conclusions in an accident report can be inadmissible if they contain third-party statements, officer fault conclusions, or citation references, because fault is for the factfinder (Frias v. Valle, 101 Nev. 219, 698 P.2d 875 (1985)). If there is no police report at all, you should expect the insurance company to scrutinize every detail, and your independent evidence matters even more.

Step 6: Get medical care promptly, then follow through

Many crash injuries, especially soft-tissue injuries, concussions, and aggravations of preexisting conditions, can worsen over the next 24 to 72 hours. If you are hurt, get evaluated. From a claim standpoint, prompt care also creates contemporaneous medical documentation tying the mechanism of injury to the symptoms.

Be honest and accurate with your providers about what happened and what hurts. Keep copies of:

  • ER, urgent care, PCP, and specialist records
  • Imaging reports (X-ray, CT, MRI)
  • Physical therapy notes
  • Bills and out-of-pocket receipts
  • Work restrictions and disability notes

Step 7: Notify insurance, but protect yourself with careful communication

You generally should notify your insurer promptly. However:

  • Stick to the basic facts.
  • Do not guess about speed, distance, or injury prognosis.
  • Do not minimize your injuries in writing.
  • Do not agree to a recorded statement if you are unsure what is being asked or you are still seeking medical evaluation.

If the other insurer contacts you, remember they are building a file for their insured. You can say you are getting medical care and will respond later, or direct them to your lawyer if you have one.

Step 8: Avoid evidence problems, preserve what matters

When police do not respond, physical evidence can disappear quickly, and surveillance footage can be overwritten within days. Preserve:

  • Dash cam footage (download it immediately)
  • Photos and videos in original format
  • Vehicle damage (do not repair or total out the vehicle without thoroughly documenting it first)
  • Clothing, helmets, child car seats (if relevant)
  • Identifying information for nearby cameras (businesses, traffic cameras, residential systems)

Nevada courts can impose serious consequences for failing to preserve key evidence, including sanctions up to dismissal in extreme situations (Stubli v. Big D Int’l Trucks, Inc., 107 Nev. 309, 810 P.2d 785 (1991); Fire Ins. Exch. v. Zenith Radio Corp., 103 Nev. 648, 747 P.2d 911 (1987)). Evidence problems can also justify adverse inferences at trial under Nevada spoliation principles (Bass-Davis v. Davis, 122 Nev. 442, 134 P.3d 103 (2006); NRS 47.250).

Step 9: Track deadlines early

Most Nevada personal injury claims are subject to a two-year statute of limitations (NRS 11.190(4)(e)). Waiting can also make the case harder to prove because witnesses disappear and memories fade.

Nevada Legal Authorities Cited

Statutes

  • NRS 11.190(4)(e)
  • NRS 47.250
  • NRS 52.015
  • NRS 484E.030
  • NRS 484E.070

Case law

  • Bass-Davis v. Davis, 122 Nev. 442, 134 P.3d 103 (2006)
  • Fire Ins. Exch. v. Zenith Radio Corp., 103 Nev. 648, 747 P.2d 911 (1987)
  • Frias v. Valle, 101 Nev. 219, 698 P.2d 875 (1985)
  • Stubli v. Big D Int’l Trucks, Inc., 107 Nev. 309, 810 P.2d 785 (1991)

If you need assistance with your personal injury case, don’t hesitate to contact Friedman Injury Law.


Friedman Injury Law
375 N. Stephanie St., Ste. 1411
Henderson, NV 89014
P: (702) 970-4222
W: blakefriedmanlaw.com