Filing an auto insurance claim after a Nevada car accident is really two different processes: (1) a third-party liability claim against the at-fault driver’s insurer, and (2) one or more first-party claims under your own policy (MedPay, UM/UIM, collision, rental, etc.). The steps below help you do both correctly while protecting your injury claim and complying with Nevada reporting laws.
1) Start with safety and Nevada’s crash-scene duties
Even before “filing a claim,” make sure you comply with Nevada law at the scene:
- Exchange required information (name, address, registration number, show driver’s license on request) in crashes involving injury, death, or damage to a vehicle or property driven or attended by a person (NRS 484E.030(1)(a)).
- Render reasonable assistance to anyone injured, including arranging transportation for medical treatment if it appears necessary or is requested (NRS 484E.030(1)(c)).
- If no officer is present, report the crash to the nearest police authority or Nevada Highway Patrol “forthwith” and provide the required information (NRS 484E.030(2)).
2) Determine whether you must file a Nevada DMV crash report
Separate from law enforcement reporting, Nevada generally requires a written or electronic report to the DMV within 10 days if the crash occurred on a highway or premises open to the public and resulted in bodily injury, death, or apparent total damage of $750 or more, subject to exceptions (NRS 484E.070(2)–(5)).
Nevada also provides that these DMV reports are generally confidential and generally not admissible in a trial arising out of the crash, with statutory exceptions (NRS 484E.070(6)–(7)).
3) Collect the information insurers actually need to open a claim
Whether you are opening the claim online, by phone, or through an agent, have this ready:
- Date, time, and exact location
- Driver and owner information for all vehicles
- License plate and VIN (if available)
- Insurance information for the other driver
- Witness names and contact info
- Photos and video (vehicle positions, damage, skid marks, signals, road conditions)
- Medical providers seen and dates of treatment (if any)
If police did respond, obtain the incident number and later the report information.
4) Open the right claim(s): third-party and first-party are not the same
A) Third-party claim (the at-fault driver’s insurer)
This is the claim where you are seeking payment from the at-fault driver’s liability coverage. Your goal is to provide enough information to get the claim opened, preserve evidence, and avoid giving statements that can be used to shift blame or minimize injuries.
A key Nevada legal reality is that third-party claimants generally do not have the same direct remedies against the at-fault insurer as insureds do against their own insurers. Gunny v. Allstate Ins. Co., 108 Nev. 344, 830 P.2d 1335 (1992).
Nevada’s unfair claims practices statute exists (NRS 686A.310), but you should still protect yourself from early claim tactics because your leverage is primarily the underlying tort claim, not a direct claim against the other insurer. Gunny v. Allstate Ins. Co., 108 Nev. 344, 830 P.2d 1335 (1992).
B) First-party claims (your own insurer)
These are benefits you may have purchased for yourself, including:
- MedPay
- UM/UIM
- Collision coverage
- Rental reimbursement or towing coverage (if included)
First-party claims matter because Nevada recognizes the insurer’s duty of good faith and fair dealing to its own insured, and Nevada case law addresses bad faith standards and remedies in appropriate cases. Ainsworth v. Combined Ins. Co. of Am., 104 Nev. 587, 763 P.2d 673 (1988). 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).
5) Be careful with recorded statements and broad authorizations
Adjusters often request recorded statements early. A recorded statement can become significant evidence later, and Nevada law addresses that insurer investigative materials are not automatically protected as attorney work product or privileged, depending on the context. Ballard v. Eighth Judicial Dist. Court, 106 Nev. 83, 787 P.2d 406 (1990).
Also, remember that your own statements can be used against you, and Nevada evidence law treats admissions by a party-opponent as not excluded by the hearsay rule when offered against that party (NRS 51.035).
6) Document injuries and keep your medical records organized
If you are injured, get appropriate medical evaluation and keep a clean file:
- ER or urgent care records
- Imaging reports
- PT notes
- Bills and receipts
- Work restrictions and wage-loss proof
Nevada evidence law includes an exception for statements made for purposes of medical diagnosis or treatment, which is one reason your early medical documentation and accurate history matter (NRS 51.115).
7) Do not settle too early if the medical picture is not clear
Once you sign a release, you usually cannot come back later for additional compensation for the same incident. Settlement agreements are contracts under Nevada law and can be enforced when essential terms are agreed. May v. Anderson, 121 Nev. 668, 119 P.3d 1254 (2005).
8) Track the legal deadlines while the claim is being “handled”
Insurance negotiations do not stop the statute of limitations.
- Most Nevada personal injury actions must be filed within two years (NRS 11.190(4)(e)).
- Property damage claims often have a different limitations period under Nevada’s limitations statute, so confirm the correct deadline early (NRS 11.190(3)(c)).
9) Preserve evidence immediately, especially video
Surveillance footage is often overwritten quickly. Physical evidence and vehicle damage can change fast. Nevada recognizes serious consequences for evidence spoliation in appropriate circumstances. 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).
Nevada Legal Authorities Cited
- NRS 11.190(3)(c).
- NRS 11.190(4)(e).
- NRS 51.035.
- NRS 51.115.
- NRS 484E.030.
- NRS 484E.070.
- NRS 686A.310.
- Ainsworth v. Combined Ins. Co. of Am., 104 Nev. 587, 763 P.2d 673 (1988).
- Allstate Ins. Co. v. Miller, 125 Nev. 300, 212 P.3d 318 (2009).
- Ballard v. Eighth Judicial Dist. Court, 106 Nev. 83, 787 P.2d 406 (1990).
- Fire Ins. Exch. v. Zenith Radio Corp., 103 Nev. 648, 747 P.2d 911 (1987).
- Guar. Nat’l Ins. Co. v. Potter, 112 Nev. 199, 912 P.2d 267 (1996).
- Gunny v. Allstate Ins. Co., 108 Nev. 344, 830 P.2d 1335 (1992).
- May v. Anderson, 121 Nev. 668, 119 P.3d 1254 (2005).
- Pemberton v. Farmers Ins. Exch., 109 Nev. 789, 858 P.2d 380 (1993).
- 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