Quick Answer
Yes. In Nevada, if another person’s negligence causes a collision, you can generally pursue both (1) bodily injury damages and (2) property damage damages (repair or total loss value, towing, storage, and loss of use) arising from the same incident. Practically, insurance companies often handle property damage and bodily injury as separate “claims” internally, but legally they can be pursued together in one lawsuit and resolved together or separately depending on strategy. NRCP 18(a); NRCP 20(a); NRS 11.190(4)(e); NRS 11.190(3)(c).
This is educational information about Nevada law, not legal advice.
1) “Same claim” can mean two different things, insurance claim versus legal claim
A) Insurance claim (how adjusters handle it)
Many insurers assign:
- a property damage adjuster for repair/total loss, rental, and towing, and
- a bodily injury adjuster for medical damages, pain and suffering, wage loss, and future care.
That division is administrative, not a rule of Nevada tort law.
B) Legal claim (what you can seek in court)
In a Nevada lawsuit, you can generally plead damages for the full harm caused by the crash, including both personal injury damages and property damage, in the same case. NRCP 18(a) (joinder of claims); NRCP 20(a) (joinder of parties).
2) Deadlines matter, property damage and bodily injury can have different limitation periods
This is one of the most important reasons to treat the bodily injury side carefully even if the property damage gets resolved quickly.
- Personal injury actions generally must be filed within two years. NRS 11.190(4)(e).
- Property damage to personal property is often subject to a three-year limitation period. NRS 11.190(3)(c).
Practical takeaway
If you want to preserve both bodily injury and property damage claims together, you generally must protect the shorter deadline, which is usually the personal injury deadline. NRS 11.190(4)(e).
3) What property damage can include in a Nevada crash case
Property damage is not limited to the body shop invoice. Depending on proof and circumstances, it may include:
- Repair costs if the vehicle is repairable.
- Total loss value if the vehicle is totaled (often fair market value issues become the dispute).
- Towing and storage charges that were reasonably incurred.
- Loss of use damages, commonly shown by reasonable rental value for the reasonable repair period or the reasonable time to replace a totaled vehicle.
- Diminished value arguments may arise when a repaired vehicle is worth less than before the crash, even after repairs, and the viability of that claim depends heavily on proof and how damages are presented.
Even if you are also claiming medical damages, the property damage component is still part of the negligence-caused harm you can pursue. Turner v. Mandalay Sports Entm’t, LLC, 124 Nev. 213, 180 P.3d 1172 (2008).
4) Can you settle property damage while keeping the injury claim open?
Often, yes, but you must be extremely careful about the paperwork.
A) The key risk is signing a release that is broader than you think
Many property damage payments come with releases. If the document releases “all claims,” that may include bodily injury claims too.
Nevada treats settlement agreements as contracts and enforces them when essential terms are agreed. May v. Anderson, 121 Nev. 668, 119 P.3d 1254 (2005).
Practical takeaway
If you settle property damage early, the safest approach is usually a document that clearly releases property damage only, and does not release bodily injury, wage loss, future care, or general damages. May v. Anderson, 121 Nev. 668, 119 P.3d 1254 (2005).
5) Comparative negligence reduces both property and injury recovery
If the defense argues you were partly at fault, Nevada’s modified comparative negligence statute can reduce recoverable damages, and can bar recovery if your negligence is greater than the defendants’ combined negligence. NRS 41.141(1)–(2); Warmbrodt v. Blanchard, 100 Nev. 703, 692 P.2d 1282 (1984).
That reduction applies across damage categories, not just medical damages.
6) How to prove property damage effectively
Insurance negotiations and litigation outcomes are evidence-driven. The best property damage proof file usually includes:
- Photos and video of all damage angles.
- Repair estimates from reputable shops, and supplement documentation.
- Total loss valuation documentation (comparable vehicles, options, mileage, condition).
- Towing and storage invoices.
- Rental invoices and proof of need and duration.
- Proof of pre-loss condition (maintenance records, photos).
If litigation is involved, records are often admitted through business record foundations and authentication. NRS 51.135; NRS 52.015.
7) Special note, “economic loss” arguments usually do not eliminate crash property damage
Nevada’s economic loss doctrine generally addresses attempts to recover purely economic damages in negligence without personal injury or property damage. In vehicle collisions, the claim typically involves physical property damage and personal injury, which is why the economic loss doctrine is usually not the defense that ends the case. Calloway v. City of Reno, 116 Nev. 250, 993 P.2d 1259 (2000).
Nevada legal authorities cited
- NRS 11.190(3)(c).
- NRS 11.190(4)(e).
- NRS 41.141(1)–(2).
- NRS 51.135.
- NRS 52.015.
- Calloway v. City of Reno, 116 Nev. 250, 993 P.2d 1259 (2000).
- May v. Anderson, 121 Nev. 668, 119 P.3d 1254 (2005).
- Turner v. Mandalay Sports Entm’t, LLC, 124 Nev. 213, 180 P.3d 1172 (2008).
- Warmbrodt v. Blanchard, 100 Nev. 703, 692 P.2d 1282 (1984).
- NRCP 18(a).
- NRCP 20(a).
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