Quick Answer
After a Nevada accident, you should avoid telling an insurance adjuster anything that (1) admits or suggests fault, (2) minimizes your injuries, (3) speculates about what happened or what your medical outcome will be, or (4) gives the adjuster ammunition to argue your injuries are unrelated, exaggerated, or mostly preexisting. Even “casual” statements can later be used against you, including as admissions. NRS 51.035.
This is especially true when you are speaking to the other driver’s insurance company, because that insurer does not represent you, and Nevada generally does not allow third-party claimants to sue the at-fault insurer for bad faith handling. Gunny v. Allstate Ins. Co., 108 Nev. 344, 830 P.2d 1335 (1992).
1) First, identify which adjuster you’re dealing with
A) The other driver’s adjuster
Their job is to protect their insured and reduce exposure. You should assume the conversation is being used to evaluate liability, causation, and settlement value.
A key Nevada principle: third-party claimants generally do not have the same direct bad faith remedies against the at-fault insurer that insureds can have against their own insurer. Gunny v. Allstate Ins. Co., 108 Nev. 344, 830 P.2d 1335 (1992).
B) Your own adjuster (MedPay, UM/UIM, collision)
Your insurer is still not your lawyer, but the legal relationship is different because Nevada recognizes first-party bad faith and implied covenant duties in appropriate circumstances. 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). Nevada’s unfair claims practices statute can also be relevant to claim handling conduct. NRS 686A.310.
2) Why what you say matters under Nevada law
A) Your statements can be used as admissions
Nevada evidence law treats a party’s own statement, offered against that party, as not excluded by the hearsay rule. NRS 51.035. That means adjuster notes, emails, texts, and recorded statements can become litigation evidence.
B) “Settlement talk” does not protect everything you say
Nevada generally excludes compromise offers and negotiations when offered to prove liability or amount. NRS 48.105. But a recorded statement is usually taken as part of the insurer’s investigation and evaluation, and statements can still be used for other permissible purposes depending on context. NRS 48.105(2).
C) You should assume insurer investigation materials can be discoverable
Nevada has addressed discovery and privilege issues in the insurer investigation context, and it is not safe to assume recorded statements or investigative materials will remain confidential simply because an insurance company collected them. Ballard v. Eighth Judicial Dist. Court, 106 Nev. 83, 787 P.2d 406 (1990).
3) What you should NOT say to an adjuster
Here are the most common phrases that harm Nevada personal injury claims, and why they matter.
A) Do not say anything that admits fault or suggests fault
Avoid statements like:
- “I’m sorry.”
- “I didn’t see them.”
- “I should have braked sooner.”
- “It happened so fast, I might have…”
- “I was probably going a little fast.”
Why it matters: Nevada uses modified comparative negligence, and even a partial admission can be used to increase your percentage of fault and reduce your recovery. NRS 41.141.
B) Do not guess about speed, distances, timing, or visibility
Avoid “estimates” you are unsure about. Adjusters often lock claimants into guessed numbers and later use them to argue comparative fault.
C) Do not say “I’m fine,” “I’m okay,” or “I’m not hurt”
This is one of the most damaging statements because many injuries evolve over 24 to 72 hours, and insurers use early minimization to dispute causation and damages later.
If you are not sure, a safer statement is: “I’m still evaluating my condition and getting medical care.”
D) Do not describe your injury prognosis or future care plans
Avoid:
- “I’ll be fine in a week.”
- “I probably won’t need treatment.”
- “It’s just soreness.”
Nevada law often requires competent medical proof on causation and the necessity of treatment when issues are beyond common knowledge. Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 111 P.3d 1112 (2005).
E) Do not let the adjuster frame your prior medical history casually
If the adjuster asks about prior injuries, do not speculate or downplay, and do not “diagnose” yourself. Preexisting conditions can matter, but Nevada law does not allow insurers to treat “old records” as an automatic causation defeat without competent linkage. FGA, Inc. v. Giglio, 128 Nev. 271, 278 P.3d 490 (2012).
F) Do not agree to broad medical authorizations without understanding them
Blanket authorizations can produce irrelevant history that the insurer later uses to confuse issues or argue unrelated causes. Nevada relevance and prejudice rules often matter in disputes about what prior-condition evidence should be presented. NRS 48.015; NRS 48.025; NRS 48.035(1). FGA, Inc. v. Giglio, 128 Nev. 271, 278 P.3d 490 (2012).
G) Do not give a recorded statement just because you were asked
A recorded statement is not a legal requirement in most third-party bodily injury claims, and it can become a centerpiece of the defense strategy. NRS 51.035. Ballard v. Eighth Judicial Dist. Court, 106 Nev. 83, 787 P.2d 406 (1990).
If you are early in treatment, medicated, or still unsure about injuries, it is usually smart to decline until you have clarity and, ideally, counsel.
H) Do not accept “quick pay” or sign a release before you understand your case
Settlement is typically final. Nevada treats settlements as contracts, and release terms can be material. May v. Anderson, 121 Nev. 668, 119 P.3d 1254 (2005).
4) What you CAN say that is usually safe and helpful
If you choose to communicate at all, keep it limited to “administrative” facts:
- Your contact information.
- The date and general location of the incident.
- The claim number and adjuster contact information.
- That you are receiving medical care and will provide documentation later.
- That you prefer written questions by email.
A practical line that often works:
“I’m still treating and I’m not prepared to discuss details or give a recorded statement at this time.”
5) Deadline reminder
No matter what an adjuster says, negotiations do not stop the filing deadline. Most Nevada personal injury actions must be filed within two years. NRS 11.190(4)(e).
Nevada legal authorities cited
- NRS 11.190(4)(e).
- NRS 41.141.
- NRS 48.015.
- NRS 48.025.
- NRS 48.035(1).
- NRS 48.105.
- NRS 51.035.
- 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).
- FGA, Inc. v. Giglio, 128 Nev. 271, 278 P.3d 490 (2012).
- Gunny v. Allstate Ins. Co., 108 Nev. 344, 830 P.2d 1335 (1992).
- May v. Anderson, 121 Nev. 668, 119 P.3d 1254 (2005).
- Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 111 P.3d 1112 (2005).
- 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).
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