No-Fault vs. At-Fault Insurance in Las Vegas, NV
Nevada is an at-fault state, which means the driver who caused a crash is financially responsible for the other party’s damages. If you were hurt in a car accident, your ability to recover compensation depends on proving someone else was negligent, not on filing a claim with your own insurer.
What Is No-Fault Insurance?
In a no-fault system, each driver’s own insurance covers their medical bills and lost wages regardless of who caused the accident. Drivers in no-fault states generally cannot sue the other driver unless their injuries cross a certain severity threshold.
Nevada does not follow this model. Because Nevada is an at-fault state, injured people have the right to file a car accident claim directly against the at-fault driver’s liability insurance or pursue a personal injury lawsuit without that threshold restriction.
How Does Nevada’s At-Fault Insurance System Work?
The at-fault driver should be liable for all resulting harm. How the process unfolds depends on which side of the claim you are on:
- Claimants: You file a claim against the at-fault driver’s liability insurance and must show that their negligence caused your injuries and financial losses.
- Defendants: You may face a claim from the injured party, and your liability insurance typically covers damages up to your policy limits. Personal liability can attach beyond that amount.
If your claim is successful, Nevada law allows you to seek both economic and non-economic damages, including:
- Medical bills and future treatment costs
- Lost income and diminished earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
- Loss of companionship and consortium
- Wrongful death damages for surviving family members
Claims involving commercial vehicles, including truck accidents, often involve higher policy limits and additional liable parties, adding complexity when multiple insurers are involved.
What Insurance Coverage Is Required in Nevada?
Every driver in Nevada must carry minimum liability insurance. Under NRS 485.185, the required minimums are:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $20,000 for property damage per accident
These minimums often fall short in serious injury cases. Optional coverages such as uninsured/underinsured motorist protection, collision, and medical payments (MedPay) can help close the gap when the at-fault driver’s policy does not fully cover your losses.
If the driver who caused your accident is uninsured or underinsured, your own UM/UIM coverage may step in to cover your losses. Without that optional coverage, your options are more limited, though you may still pursue the at-fault driver personally. When damages exceed the at-fault driver’s policy limits entirely, you may also have the option of filing a claim under your own underinsured motorist coverage or exploring whether other parties share liability for the accident.
How Is Fault Determined in Nevada?
Proving fault requires an injured party to show, by a preponderance of the evidence, that the other driver breached a duty of care, that the breach caused the crash, and that real harm resulted.
Nevada law requires drivers to report an accident to law enforcement if it results in injury, death, or property damage above a certain threshold. Several sources of evidence support a fault showing, and a police report is often the most important starting point:
- Police reports filed with the Las Vegas Metropolitan Police Department documenting the scene
- Traffic camera footage and photographs
- Witness statements
- Medical records connecting your injuries to the collision
Nevada’s Modified Comparative Negligence Rule
Even if you share some responsibility for the accident, you can still recover in Nevada. Under Nevada’s modified comparative negligence law, NRS 41.141, your compensation is reduced by your percentage of fault. For example, if a jury in Clark County District Court finds you 20% at fault, your total award is reduced by 20%. However, if your share of fault reaches 51%, you cannot recover anything.
How Long Do You Have to File a Claim in Nevada?
Nevada gives accident victims two years from the date of the crash to file a motor vehicle accident lawsuit under NRS 11.190(4)(e). Missing this deadline will almost certainly result in the court dismissing your case and permanently barring you from recovering compensation through the legal system.
Injured in a Las Vegas Car Accident?
For over 20 years, Hanratty Law Group has stood up for injury victims across the Las Vegas area, handling the legal details so clients can focus on getting better. If you were hurt in a crash and are unsure of your next step, waiting can cost you in both lost evidence and your right to recover.
Contact us at Hanratty Law Group today for a free consultation. Call 702-821-1379 or reach out online to speak with our Las Vegas car accident attorney about your situation.
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Responsiveness, Quality, Professionalism, Value
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