After a Nevada car accident, it is common for the at-fault driver’s insurance adjuster to contact you quickly and ask for a recorded statement. You should understand a simple reality before you speak: the other driver’s insurer is not your advocate. Their job is to protect their insured, evaluate liability, and resolve the claim as efficiently as possible, which can include looking for ways to reduce what they pay.
That does not mean you must refuse all communication. It means you should communicate strategically and protect your claim.
1) Who does the other driver’s insurance company represent?
The other driver’s insurer represents the other driver, not you. Nevada law is also clear that injured third-party claimants generally do not have the same “bad faith” rights against the at-fault insurer that an insured has against their own insurer. Gunny v. Allstate Ins. Co., 108 Nev. 344, 830 P.2d 1335 (1992).
Nevada’s unfair claims settlement practices statute prohibits certain conduct, including misrepresenting pertinent facts or policy provisions relating to coverage. NRS 686A.310(1)(a). But Gunny is a key reason you should not assume you can later sue the other insurer for how they handled your claim, so it is important to protect yourself up front. Gunny, 108 Nev. 344, 830 P.2d 1335 (1992).
2) Are you required to speak with the other driver’s insurance adjuster?
In most situations, you are not legally required to give the other driver’s insurer a recorded statement as a condition of pursuing your bodily injury claim. Your legal duties at the scene are different, Nevada law requires exchanging certain identifying information and rendering reasonable assistance to injured persons. NRS 484E.030.
A recorded statement to the other driver’s insurer is a claim handling request, not the same thing as your statutory duties at the crash scene. NRS 484E.030.
3) Why a recorded statement can be risky in a Nevada injury claim
A) Your words can become evidence
Anything you say can be used to challenge liability, causation, or damages later. Under Nevada evidence law, a party’s own statement offered against that party fits within Nevada’s definition of hearsay exclusions for admissions by a party-opponent. NRS 51.035.
Even innocent statements like “I’m okay,” “I didn’t see them,” “I might have been distracted,” or “I’m not hurt” can be repeated later as arguments to reduce your claim.
B) Your statement may not be privileged, and it may be discoverable
Nevada courts have addressed discoverability of statements given to insurers. In Ballard v. Eighth Judicial Dist. Court, the Nevada Supreme Court concluded that materials from an insurer’s investigation are not automatically “in anticipation of litigation” for work product purposes unless the investigation was performed at an attorney’s request, and the Court also limited when the attorney-client privilege applies in that context. Ballard v. Eighth Judicial Dist. Court, 106 Nev. 83, 787 P.2d 406 (1990).
Practically, you should assume any recorded statement can surface later in litigation, and you should treat it with the seriousness of testimony. Ballard, 106 Nev. 83, 787 P.2d 406 (1990).
C) “Settlement talk” rules do not protect recorded statements the way people think
Nevada generally excludes evidence of compromise offers and related negotiation statements when offered to prove liability or the amount of a disputed claim. NRS 48.105. But a recorded statement is often taken as part of the insurer’s investigation and evaluation, not as a protected compromise negotiation, and statements can still be used for other purposes depending on context. NRS 48.105(2).
4) What you can safely do when the other insurer calls
If you choose to speak at all, keep it narrow and non-committal:
Safe topics (generally):
- Confirm your name and contact information
- Confirm the date and general location of the crash
- Ask for the claim number and adjuster contact information
- Ask where to send photos or property damage documentation
- Tell them you are still treating and will provide records later
Topics to avoid in an initial call:
- Agreeing to a recorded statement while you are still in pain, medicated, or unsure what injuries you have
- Speculating about fault, speed, distances, or what you “could have done”
- Minimizing your symptoms (“I’m fine,” “just sore”)
- Guessing about medical prognosis
- Signing blanket medical authorizations
5) A practical script you can use
You can keep control of the conversation without being hostile. For example:
- “I’m still evaluating my injuries and receiving medical care. I’m not comfortable giving a recorded statement right now. Please email me any questions you have.”
- “I can confirm the date and location, but I’m not ready to discuss details until I’ve reviewed everything.”
- “If you need documents, please send a written request.”
6) When it may make sense to talk, and when it usually does not
Situations where limited communication may help
- Coordinating a vehicle inspection or property damage logistics
- Confirming coverage details and claim number
- Providing basic documents you are comfortable sharing, such as photos of vehicle damage
Situations where you should usually slow down
- The adjuster is pushing hard for a recorded statement early, often before the medical picture is clear
- The adjuster wants you to sign broad authorizations or releases
- You have a head injury, significant pain, or you are on medication
- Liability is disputed or complex
7) Remember: your own insurance policy may impose different duties
You often do have contractual duties to cooperate with your own insurer, particularly if you may need MedPay, uninsured motorist, or underinsured motorist benefits. Nevada recognizes first-party bad faith duties in the handling of UM/UIM claims. Pemberton v. Farmers Ins. Exch., 109 Nev. 789, 858 P.2d 380 (1993). Nevada also recognizes bad faith principles and related remedies in appropriate first-party contexts. Guar. Nat’l Ins. Co. v. Potter, 112 Nev. 199, 912 P.2d 267 (1996); Allstate Ins. Co. v. Miller, 125 Nev. 300, 212 P.3d 318 (2009).
That is a different relationship than you have with the other driver’s insurer. Gunny, 108 Nev. 344, 830 P.2d 1335 (1992).
8) Deadlines still apply even while insurers are “investigating”
Do not let ongoing adjuster communications cause you to miss the filing deadline. Most Nevada personal injury claims are subject to a two-year statute of limitations. NRS 11.190(4)(e).
Nevada Legal Authorities Cited
- NRS 11.190(4)(e)
- NRS 48.105
- NRS 51.035
- NRS 484E.030
- NRS 686A.310
- Ballard v. Eighth Judicial Dist. Court, 106 Nev. 83, 787 P.2d 406 (1990)
- Gunny v. Allstate Ins. Co., 108 Nev. 344, 830 P.2d 1335 (1992)
- Pemberton v. Farmers Ins. Exch., 109 Nev. 789, 858 P.2d 380 (1993)
- Guar. Nat’l Ins. Co. v. Potter, 112 Nev. 199, 912 P.2d 267 (1996)
- Allstate Ins. Co. v. Miller, 125 Nev. 300, 212 P.3d 318 (2009)
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