Filing an Auto Accident Claim in Nevada

October 3, 2023 | Ed Bernstein
Filing an Auto Accident Claim in Nevada

Auto accidents can be frightening and disorienting. If you are in an auto accident in the Silver State, you need a car accident lawyer who understands the claim process and can help you regain stability. Nevada adheres to unique at-fault accident laws and procedures.

Understanding the Nevada auto accident claim process and how the laws can affect your rights to compensation is essential as you prepare to file a claim. A car accident attorney in Nevada can guide and advise you on the best approach and file a claim on your behalf to seek the best possible settlement and outcome.

Auto Accident Claims

If you are a car accident victim, you can initiate an auto accident claim to seek compensation for damages. Damages can include medical expenses, loss of income, property damage, and pain and suffering.

Filing an Auto Accident Claim in Nevada

It formally requests an insurance company to cover the financial implications of a car accident its policyholder caused. Although compensation cannot undo your accident-related injuries or resulting lifestyle changes, it can help you through the recovery and meet the burdensome costs following the accident.

How to Obtain Compensation for Losses After an Auto Accident

Filing an auto accident claim is often the first step toward obtaining a fair resolution for the accident and recovering financially. It serves as a platform to compensate for medical bills, vehicle repair or replacement, lost income, and other related expenses after a car wreck. You must file a claim to recuperate your losses after sustaining injuries or damages in a car accident.

Insurance companies play a significant role in the resolution of auto accident claims. After you file a claim for damages, the insurance company investigates the incident to determine the apportionment of their policyholder's liability. Their decision influences the amount of money they may offer, if any, as a settlement in the claim. An insurer can also deny a claim if they find grounds.

Insurance companies are businesses looking out for their interests. The insurance company's best interests often include minimizing payouts to protect their bottom line. An experienced attorney can negotiate with insurance companies on your behalf and fight to ensure you receive a fair settlement for your claim.

Nevada Auto Accident Laws

A lawyer will understand Nevada's auto accident laws when filing your auto accident claim. These rules dictate the claim process and the kind of settlement you can expect.

Nevada operates under an at-fault system, which means that the party who causes the accident must pay for the damages and injuries resulting from the crash.

In an at-fault system, you must establish fault for the accident. The party at fault (or their insurance company) then must cover the damages from the accident, such as medical bills, loss of income, property damage, and sometimes compensation for pain and suffering.

The fault determination can significantly influence your settlement amount. Hiring a car accident attorney to represent you from the outset of the claims process can improve your chances of reaching a beneficial resolution and avoiding delays.

Time Limits for Filing a Claim in Nevada

Every state has a statute of limitations dictating when you can file a claim after an auto accident. The statute of limitations in Nevada is two years for personal injury claims and three years for property damage claims in most cases, starting from the accident date. Missing this deadline can forfeit your right to seek compensation, so action must occur as early as possible.

Steps to Take to Support Your Claim After an Auto Accident in Nevada

Successfully filing an auto accident claim in Nevada requires more than just presenting the facts of the accident. You must also demonstrate the extent of your damages and how those damages stemmed from the other party's negligence.

Here are some vital steps to strengthen your claim and improve your chances of receiving the compensation you deserve.

Continue Medical Treatment and Adhere to Your Doctor's Advice

Medical records serve as crucial evidence in auto accident claims. You must seek immediate medical attention after an accident, even if your injuries seem minor or non-existent. Some injuries might not immediately appear and could worsen if left untreated.

Adhere to your healthcare provider's recommendations, including any prescribed treatments and therapies. Following these recommendations aids your recovery and documents the severity and progress of your injuries, playing a crucial role in your auto accident claim.

Keep All Documents and Records Relating to the Accident and Your Injuries

Start a file for all accident-related documents and records: medical bills, receipts for out-of-pocket expenses, letters from the insurance company, income loss verification from your employer, and any other documentation validating your claim. You need this evidence to negotiate your settlement.

Creating a Journal to Document Your Experience and Perspective of the Accident and Recovery

A personal journal can help prove your auto accident claim. Document your physical and emotional state, pain levels, daily struggles, and any lifestyle changes resulting from the accident.

Descriptions of pain, discomfort, anxiety, and other issues provide a more personal account of your ordeal, which can determine a fair settlement that adequately reflects your losses.

Contact a Nevada Car Accident Lawyer

Working with a car accident attorney significantly improves the chances of receiving the compensation you deserve. Without a lawyer, you are at the insurance company's mercy and may not know your rights.

An experienced car accident attorney can guide you through the complex legal process, advocate for you with insurance companies, and represent you in court if necessary. 

Contact a lawyer as soon as possible after the accident to ensure that all steps occur accurately and within the relevant time frame. If you do not seek representation promptly, you may experience delays or complications with the resolution of your claim. A car accident lawyer can work on your claim from the initial stages to secure a fair settlement as quickly as possible on your behalf.

Filing an Auto Accident Claim in Nevada

Once you gather the necessary documentation and seek medical attention to address your injuries, you are ready for the next critical step—filing an auto accident claim. While the process may seem daunting, understanding the various stages and timelines can help you navigate the process more confidently and improve your chances of receiving the compensation you deserve.

The first step in filing an auto accident claim in Nevada is notifying the liable party's insurance company. Do not communicate with the insurance company yourself. Hire a lawyer to negotiate on your behalf. Remember that anything you say to an insurer can become evidence in the claim and may negatively influence the outcome of your claim.

Your attorney will submit the necessary paperwork to file the claim, including an accident report, medical records, and other documentation substantiating your claim and losses. The insurance company will then investigate the accident and determine who they believe was at fault and the resulting damages.

If the insurance company accepts your claim, it may negotiate a settlement with you. This settlement should cover your medical bills, lost income, and other accident-related damages. Carefully review this settlement offer with your attorney before accepting it to ensure you are clear on the compensation amount you receive.

If you are not happy with the settlement offer, or if the insurance company denies your claim, you may file a lawsuit. Legal action is typically a last resort, but you may need to sue to secure a fair settlement. Your attorney can advise you if and when your claim needs this step.

Dealing With Insurance Companies

Insurance companies may employ complex and frustrating tactics to minimize their liability and reduce the compensation amount they have to pay out. They may question your injuries, dispute the facts of the accident, or blame you.

Insurance companies are businesses. Their primary goal is to protect their financial interests. A knowledgeable and experienced Nevada auto accident attorney can protect your rights and advocate for your interests throughout the negotiation process.

Gathering Evidence in a Car Accident Claim

Evidence plays a critical role in the success of an auto accident claim. It can corroborate your version of events, prove the extent of your injuries, and demonstrate the economic and noneconomic damages you sustained in the accident.

The more compelling your evidence, the stronger your claim. An experienced car accident attorney can explain what evidence you need and can collect and present it effectively to support your claim.

Potential Challenges in Filing an Auto Accident Claim

Filing an auto accident claim might seem straightforward, but many claimants encounter challenges. Understanding these common issues can prepare you to overcome them and help you successfully resolve your claim.

Uncooperative Insurance Companies

Insurance companies may prove uncooperative or difficult to deal with during the claim process. They may slowly respond, deny claims without sufficient reason, or offer unfairly low settlement amounts. 

These aggravating and discouraging challenges should not deter you from pursuing the compensation you deserve. A strong legal advocate can fight for your interests and negotiate effectively with the insurance companies on your behalf.

Multiple Liable Parties on a Claim

When numerous parties are part of an auto accident, the claim process can become exponentially more intricate, with issues relating to the apportionment of liability arising. Multiple insurance companies, each representing different parties, may all play a part in the claim process. 

You will need a knowledgeable car accident attorney to handle the complexities in such cases and seek fair compensation from all potentially liable parties.

Dealing with insurance companies, understanding and adhering to the state's auto accident laws, and taking all necessary, timely, and accurate steps without ample knowledge of the law could risk you accepting a lower settlement than you deserve or making errors that result in a claim denial, preventing you from recovering appropriate compensation.

The Benefits of Hiring an Auto Accident Attorney in Nevada

Navigating an auto accident claim requires the invaluable analysis, determination, and guidance that an experienced auto accident attorney can provide.

An attorney can advocate, guide, and negotiate for you throughout the claim process. They can collect necessary documentation, liaise with insurance companies, assess a fair compensation amount for your claim, and protect your legal rights. If your claim needs to go to court, your attorney can also represent you, presenting your case effectively and arguing for the compensation you deserve.


Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.