Nevada
Nevada Car Accident Laws: Fault, Insurance, and Your Claim
Nevada is an at-fault (tort) state that follows modified comparative negligence with a 51% bar, meaning the at-fault driver's liability insurer pays for your injuries and property damage, and you can recover as long as you are 50% or less at fault, with your award reduced by your share of fault.
Is Nevada a no-fault or at-fault state?
Nevada is a traditional at-fault (tort) state. When you are injured in a car accident, you pursue compensation directly from the at-fault driver and that driver's liability insurer, not through a personal injury protection (PIP) policy of your own. NRS Chapter 485 requires every driver to maintain liability insurance covering tort liabilities arising from the use of a motor vehicle. Nevada has never adopted a no-fault or PIP scheme, and it is not a choice or add-on PIP state.
Because Nevada imposes no no-fault threshold, there is no verbal or monetary injury threshold you must cross before you can sue for non-economic damages like pain and suffering. Any injured party may bring a third-party liability claim against the at-fault driver for all economic and non-economic damages from the moment of the crash. Personal injury protection is not sold or required in Nevada. Drivers may optionally purchase Medical Payments (MedPay) coverage to help with immediate medical costs regardless of fault, but the state does not require it.
How fault is shared: Nevada's negligence rule
Nevada follows modified comparative negligence with a 51% bar, codified at . Under this rule, the court assigns each party a percentage of fault. If your share of fault is 50% or less, you can recover damages from the other party, but your award is reduced proportionally by your own percentage of fault. If you are found 51% or more at fault, you are completely barred from any recovery.
The distinction between the 51% bar Nevada uses and the stricter 50% bar some states impose is meaningful for plaintiffs: a Nevada driver who is found exactly 50% at fault can still recover half of their damages, whereas that same driver would recover nothing in a 50%-bar state. In practice, insurance adjusters routinely raise comparative-fault arguments to reduce settlement offers. For example, if a jury awards $200,000 in damages but finds you 30% at fault, you take home $140,000. If the jury finds you 51% responsible, you collect nothing at all, regardless of the other driver's role in causing the crash.
Minimum car insurance in Nevada
Nevada law requires all registered vehicles to carry minimum liability coverage of 25/50/20 under NRS 485.185 and NRS 485.3091. This means at least $25,000 for bodily injury or death per person, $50,000 for bodily injury or death to all persons in a single accident, and $20,000 for property damage per accident. These limits were raised from the prior 15/30/10 floor when SB 308 passed during the 2017 Legislature, with the new minimums taking effect July 1, 2018.
Uninsured and underinsured motorist (UM/UIM) coverage is not required, but under (2) every insurer must offer it to you at an amount equal to your bodily-injury liability limits. The coverage is not automatically included in your policy: it is opt-in, so you must affirmatively purchase it by requesting it in writing from your insurer. Given the significant share of uninsured drivers on Nevada roads, carrying UM/UIM is a practical safeguard. MedPay is also available as an optional add-on to cover immediate medical expenses after a crash regardless of who caused it, but Nevada does not mandate either MedPay or PIP.
How long you have to file: the statute of limitations
Nevada gives car-accident injury victims two years from the date of the accident to file a personal-injury lawsuit, under (4)(e). Missing this deadline is almost always fatal to your case: a court will dismiss a lawsuit filed even one day late, and the at-fault driver is permanently shielded from liability. The clock ordinarily starts running on the date of the crash, though the discovery rule may toll it if an injury was not reasonably discoverable at that time.
Property-damage-only claims (for damage to your vehicle or other property) carry a longer three-year limitations period under (3)(c), so injury and property-damage claims from the same accident may have different deadlines. If your crash involved a Nevada state or local government vehicle, you must also file a written notice of claim with the relevant government entity within a much shorter window before you can sue, so consulting an attorney early is critical in those cases. For a broader look at Nevada's civil filing deadlines, see the Nevada statute of limitations page.
What a Nevada car accident claim is worth
The value of a Nevada car accident claim depends on your actual economic losses plus non-economic damages, offset by your share of comparative fault under . Economic damages include past and future medical bills, lost wages, loss of future earning capacity, and property damage. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and inconvenience. Nevada does not impose a statutory cap on non-economic damages in ordinary car accident cases, so large pain-and-suffering awards are possible in serious-injury cases.
In practice, the at-fault driver's minimum 25/50/20 policy is often the practical ceiling for how much money is actually available after a serious crash. A catastrophic injury can quickly exceed those limits, which is why your own UM/UIM coverage matters so much when the at-fault driver is uninsured or underinsured. Your net recovery is also reduced dollar-for-dollar by your own percentage of fault, so the comparative-fault finding at trial or in settlement negotiations directly shapes your payout. Use the Nevada car accident settlement calculator to estimate a range based on your specific circumstances.
What to do after a car accident in Nevada
The actions you take in the minutes, hours, and days after a crash can protect both your health and your legal rights. First, move to safety if you can and call 911. Nevada law requires drivers to stop and report accidents that result in injury, death, or property damage above a set threshold; failing to stop can result in serious criminal charges. While waiting for law enforcement, do not admit fault or apologize, since any statement you make can be used against you in settlement negotiations or litigation.
Document the scene as thoroughly as possible. Photograph vehicle positions, damage to all vehicles, skid marks, traffic signals, road conditions, and any visible injuries. Exchange names, driver's license numbers, insurance policy information, and contact details with every driver involved, and collect contact information from any witnesses. If police respond, ask for the report number so you can obtain the official report later. Seek medical attention promptly, even if you feel fine, because symptoms of concussion, whiplash, and soft-tissue injuries often do not surface until hours or days after impact. Delaying medical care gives insurers grounds to argue your injuries were not serious or were caused by an unrelated event. Before you give a recorded statement to the at-fault driver's insurer or accept any settlement offer, consult a licensed Nevada personal-injury attorney. Most initial consultations are free, and signing a release prematurely can permanently extinguish your right to future compensation.
This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in Nevada.
Related pages: Nevada Car Accident Settlement Calculator | Nevada Hit-and-Run Laws | Car Accident Laws by State | Nevada Statute of Limitations
More Nevada Laws
Frequently Asked Questions
Is Nevada a no-fault state?
No. Nevada is a tort (at-fault) state with no no-fault or PIP system. When you are injured in a car accident, you recover from the at-fault driver's liability insurer, not through your own PIP policy. There is no verbal or monetary injury threshold you must cross before suing for pain and suffering.
Is Nevada an at-fault state for car accidents?
Yes. Nevada is a pure at-fault (tort) state under NRS Chapter 485. The injured driver files a third-party liability claim against the driver who caused the accident. The at-fault driver's insurer is responsible for paying bodily-injury and property-damage claims up to the policy limits.
What is the statute of limitations for a car accident in Nevada?
Two years from the date of the accident for personal-injury claims under NRS 11.190(4)(e). Property-damage-only claims get three years under NRS 11.190(3)(c). Missing either deadline will almost certainly result in your lawsuit being dismissed, so act promptly.
Can I still recover if I was partly at fault in Nevada?
Yes, as long as your share of fault is 50% or less. Nevada follows modified comparative negligence with a 51% bar under NRS 41.141. Your damages are reduced by your percentage of fault. If you are found 51% or more at fault, you recover nothing.
What are the minimum insurance requirements in Nevada?
Nevada requires minimum liability coverage of 25/50/20: $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $20,000 for property damage (NRS 485.185 and NRS 485.3091). Insurers must offer UM/UIM coverage at matching limits, but the coverage is opt-in: you must affirmatively purchase it by requesting it in writing under NRS 687B.145(2), rather than declining a default coverage.
How much is my Nevada car accident claim worth?
It depends on your economic losses (medical bills, lost wages, property damage) and non-economic losses (pain and suffering, emotional distress), reduced by your share of fault under NRS 41.141. Nevada does not cap non-economic damages in ordinary car accident cases. The at-fault driver's policy limits often determine what is practically recoverable. Use the Nevada car accident settlement calculator for an estimate.
Is PIP required in Nevada?
No. Nevada does not require personal injury protection (PIP), and PIP is not sold in Nevada. Drivers may optionally purchase Medical Payments (MedPay) coverage under NRS 687B.145 to pay for immediate medical expenses regardless of fault, but neither PIP nor MedPay is mandated by Nevada law.
Injured in Nevada? Get a free case review from a personal-injury attorney
If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Nevada personal-injury attorney. Most work on contingency, so there is no upfront cost.
Updates
Corrected NRS 687B.145(2): the statute is an opt-in offer-and-purchase-by-written-request mechanism, not the opt-out 'signed written waiver to decline' framework the page had fabricated in the KeyTakeaways, body, and FAQ.
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on 3 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Nevada Revised Statutes, Chapter 011: LIMITATION OF ACTIONS
§ 11.190Periods of limitation.In forcecited in 8 of our articles
Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows: 1. Within 6 years: (a) Except as otherwise provided in NRS 62B.420 and 176.275, an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof. (b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter. 2. Within 4 years: (a) An action on an open account for goods, wares and merchandise sold and delivered. (b) An action for any article charged on an account in a store. (c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
Official text (excerpt) · as of 2026-07-29 · Read the full section at leg.state.nv.us
Cited in 553 court opinionsMost recently applied by a court: 2026
Leading cases: Edwards v. Emperor's Garden Restaurant (Nevada Supreme Court 2006, 122 Nev. 317) · Petersen v. Bruen (Nevada Supreme Court 1990, 106 Nev. 271) · Leven v. Frey (Nevada Supreme Court 2007, 123 Nev. 399)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nevada Dog Bite Laws: Liability and Victim Rights, Nevada Defamation Laws: Libel & Slander (2026), Motorcycle Accident Laws in Nevada (2026): Deadlines
Nevada Revised Statutes, Chapter 041: ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PERSONS
§ 41.141When comparative negligence not bar to recovery; jury instructions; liability of multiple defendants.In forcecited in 6 of our articles
1. In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or the plaintiff’s decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought. 2. In those cases, the judge shall instruct the jury that: (a) The plaintiff may not recover if the plaintiff’s comparative negligence or that of the plaintiff’s decedent is greater than the negligence of the defendant or the combined negligence of multiple defendants. (b) If the jury determines the plaintiff is entitled to recover, it shall return: (1) By general verdict the total amount of damages the plaintiff would be entitled to recover without regard to the plaintiff’s comparative negligence; and (2) A special verdict indicating the percentage of negligence attributable to each party remaining in the action.
Official text (excerpt) · as of 2026-07-29 · Read the full section at leg.state.nv.us
Cited in 64 court opinionsMost recently applied by a court: 2025
Leading cases: Ges, Inc. v. Corbitt (Nevada Supreme Court 2001, 117 Nev. 265) · State v. State Farm Mutual Automobile Insurance (Nevada Supreme Court 2000, 1 Nev. 290) · Davies v. Butler (Nevada Supreme Court 1979, 95 Nev. 763)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Medical Malpractice Laws in Nevada (2026): Deadlines & Caps, Nevada Slip and Fall Laws: Proving Premises Liability After Foster v. Costco, Nevada Wrongful Death Laws (2026): Deadlines
Nevada Revised Statutes, Chapter 687B: CONTRACTS OF INSURANCE
§ 687B.145Provisions in policies of casualty insurance: Proration of recovery or benefits; uninsured and underinsured vehicle coverage; coverage for medical expenses; insurer not entitled to subrogation upon payment made because of underinsured vehicle coverage.In force
1. Any policy of insurance or endorsement providing coverage under the provisions of NRS 690B.020 or other policy of casualty insurance may provide that if the insured has coverage available to the insured under more than one policy or provision of coverage, any recovery or benefits may equal but not exceed the higher of the applicable limits of the respective coverages, and the recovery or benefits must be prorated between the applicable coverages in the proportion that their respective limits bear to the aggregate of their limits. Any provision which limits benefits pursuant to this section must be in clear language and be prominently displayed in the policy, binder or endorsement. Any limiting provision is void if the named insured has purchased separate coverage on the same risk and has paid a premium calculated for full reimbursement under that coverage.
Official text (excerpt) · as of 2026-07-29 · Read the full section at leg.state.nv.us
Cited in 30 court opinionsMost recently applied by a court: 2021
Leading cases: Neumann v. STANDARD FIRE INS. CO. OF HARTFORD (Nevada Supreme Court 1985, 101 Nev. 206) · Torres v. Farmers Insurance Exchange (Nevada Supreme Court 1990, 106 Nev. 340) · Mid-Century Insurance v. Daniel (Nevada Supreme Court 1985, 101 Nev. 433)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Explore the law
This article also draws on these acts and chapters (opening at their first section): Nevada Revised Statutes, Chapter 485: MOTOR VEHICLES: INSURANCE AND FINANCIAL RESPONSIBILITY § 485.010 (Short title.)
Related law for further reading — not part of this article’s citations.
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Sources and References
- Nevada Revised Statutes Chapter 485 (Motor Vehicle Insurance)(leg.state.nv.us).gov
- NRS 485.185 and NRS 485.3091: Mandatory minimum liability coverage (25/50/20)(leg.state.nv.us).gov
- NRS 687B.145(2): UM/UIM offer requirement; coverage is purchased by written request (opt-in), not declined by waiver(leg.state.nv.us).gov
- NRS 41.141: Modified comparative negligence (51% bar)(leg.state.nv.us).gov
- NRS 11.190(4)(e): Two-year personal-injury statute of limitations(leg.state.nv.us).gov
- NRS 11.190(3)(c): Three-year property-damage statute of limitations(leg.state.nv.us).gov