Gallagher & Lipshutz represents people injured in Las Vegas car accidents, including drivers, passengers, pedestrians, bicyclists, and families after fatal crashes. Local crashes often involve tourists, rental cars, rideshare vehicles, casino traffic, construction zones, and high speed roads like I-15, US-95/I-515, Summerlin Parkway, and the Spaghetti Bowl. A crash may look simple at the scene, but the claim can become complicated once the insurance company starts reviewing fault, injuries, treatment, and policy limits.
A car accident claim is not just a form sent to an insurance company. You have to prove who caused the crash, prove the crash caused your injuries, prove what your losses cost, and find every insurance policy that might apply. Nevada's comparative fault rule affects the money recovered because the insurance company may try to shift blame onto you to reduce what it pays. See Nevada's comparative fault rule, NRS 41.141.
We offer free consultations for Nevada crash victims. Call (702) 381-3770 or contact Gallagher & Lipshutz before giving a recorded statement or accepting an early settlement offer. A recorded statement about your version of what happened and your injuries can be used later, and an early offer may not account for future care, missed work, or injuries that become clearer over time.
If the Crash Was Not Your Fault
Many people search for what to do after a car accident that was not their fault. The answer depends on proof. A police report, scene photos, vehicle damage, traffic signal timing, witness testimony, dash camera video, and medical records can all help show what happened. Do not assume the claim is secure just because the other driver got a ticket.
Even when the other driver caused the crash, the insurance company may still look for ways to reduce the claim. It may say you stopped too fast, changed lanes, failed to avoid the crash, had a pre-existing medical condition, waited too long to get care, or are blaming the crash for pain that came from something else. These are fault and medical cause arguments. Nevada's comparative fault rule can lower the money recovered if you share blame, and it can prevent recovery if your fault is greater than the other side's fault. See Nevada's comparative fault rule, NRS 41.141.
Who Is Legally Responsible for a Las Vegas Car Accident?
The driver who caused the crash is usually the first person or party to review, but not always the only one. A claim may also involve the vehicle owner, an employer if the driver was working, a rideshare insurance policy, a delivery company, a drunk driver, a city or county if a public road condition played a role, or your own uninsured or underinsured motorist coverage. In a car crash, the central question is who acted carelessly and which insurance policy must pay for that carelessness.
If the crash involved driving while intoxicated, see our Las Vegas drunk driving accident lawyers page. Nevada has a special statute that may allow punitive damages, which are additional damages meant to punish and deter especially dangerous conduct, in certain driving while intoxicated injury cases. See Nevada's drunk driving punitive damages statute, NRS 42.010.
If the crash involved a government vehicle, public employee, public bus, or dangerous public road condition, special Nevada public entity rules should be reviewed early. A public entity includes the State, a city, a county, or another local government. Nevada law has a claim filing step for claims against the State or a local government, and that step is separate from filing a lawsuit in court. See Nevada's public entity claim statute, NRS 41.036.
Nevada Car Insurance and Uninsured Motorist Coverage
Nevada drivers must carry at least $25,000 of injury coverage for each person hurt in a crash, up to a total of $50,000 per accident, plus $20,000 for property damage. If three people are injured in one crash, they share the $50,000, with no more than $25,000 going to any one person, which is often far too little for a serious injury. The Nevada Division of Insurance's summary of Nevada's minimum car insurance statute (NRS 485.185) can be found here.
Uninsured or underinsured motorist coverage (uninsured motorist coverage provides money for your injuries when the driver who was at fault has no insurance; underinsured motorist coverage provides money when the other driver has insurance but not enough to cover all of your medical treatment and pain and suffering) can matter in a serious crash. Nevada does not require drivers to buy this coverage, but Nevada insurance companies must offer it at least at the state minimum level. The Nevada Division of Insurance has a detailed explanation of underinsured and uninsured motorist coverage, which can be found here. After a serious crash, it is worth finding every insurance policy that might apply: the driver who caused the crash, the owner of the car, an employer if the driver was working, Uber or Lyft if the driver was working for them, any umbrella policy, medical payments coverage, and your own coverage.
Common Causes of Las Vegas Car Accidents
Common causes include speeding, texting, driving while intoxicated, unsafe lane changes, red light violations, failure to yield, following too closely, driving while too tired, and unfamiliar tourist driving near the Strip. Construction zones, casino entrances, parking garages, and freeway merges can make these cases harder because traffic patterns change quickly. A crash near a casino driveway, a freeway ramp, or the Spaghetti Bowl may need video, lane markings, signal timing, and witness testimony to explain what happened.
Useful evidence includes crash scene photos, event data from the vehicles, dash camera video, surveillance video, police body camera footage, 911 recordings, repair photos, cell phone records when available through a lawsuit, and witness testimony. The sooner this evidence is gathered and saved, the less room the insurance company has to guess, blame, or fill in missing facts against you.
Damages in a Las Vegas Car Accident Claim
Recoverable damages may include medical bills, future medical care, missed wages, the money you can no longer earn in the future, property damage, pain, physical limits, emotional distress, and loss of enjoyment of life. These damages must be supported by records and proof, not just general statements about pain. Medical records, bills, wage documents, work restrictions, photos, and testimony from family or coworkers can all help show the full effect of the crash.
For a broader damages overview, see our Nevada personal injury practice page. It is usually risky to settle while the medical picture is still changing. Once a release is signed, the claim usually ends, even if later treatment costs more than expected.
How We Build a Car Accident Claim
A strong car accident claim is built in layers. The first layer is fault: who broke a traffic rule, who had the right of way, who had time to avoid the crash, and what the physical evidence shows. The second layer is proof that the crash caused the injury, including how the crash happened, what symptoms started afterward, what the doctors found, and why the treatment fits the injury. The third layer is damages: what the injury cost, how it affected work, and how it changed daily life.
Insurance companies often review those layers separately. They may admit their driver caused the crash but dispute the treatment, or admit you were hurt but argue you had a pre-existing medical condition. A demand package (a detailed letter to the insurance company that lays out who was at fault, what your injuries are, and what your losses cost) should address those points directly. It should not just send bills and hope the insurance company makes a fair offer.
If a lawsuit is needed, the case may involve written discovery, which is written questions and document requests, depositions, which are sworn question and answer sessions, subpoenas, which are court backed requests for records or witnesses, expert review, and trial preparation. Expert review may involve doctors, crash experts, or other qualified people explaining technical issues in a way a jury can understand. The decision to file suit depends on fault disputes, medical proof, damages, policy limits, and whether the insurance company is valuing the claim reasonably before the deadline runs.
How Medical Treatment Affects a Car Accident Claim
Medical treatment is one of the main ways an insurance company reviews a car accident claim. The issue is not only how high the bills are. The insurance company looks at whether the records show steady symptoms, reasonable care, objective findings like imaging or exam results, and a clear link between the crash and the injury. Gaps in treatment can create predictable arguments that the injury healed, was not serious, or came from something else.
A treatment gap does not automatically defeat a claim, but the reason for the gap should be documented. Common reasons include delayed referrals, health insurance problems, work obligations, transportation problems, or waiting for imaging or specialist appointments. Future treatment matters too. If a doctor recommends surgery, injections, therapy, work limits, or long term follow up, the claim should not be valued as though treatment ended at the last paid bill.
What to Do After a Car Accident in Las Vegas
If you have been in a car accident in Las Vegas, the steps you take right after the crash can have a real effect on your medical care, your insurance claim, and any later lawsuit. Here is what to do after a car crash in Nevada.
Step 1: Check for Injuries
Check yourself, your passengers, and anyone else involved. If anyone may be hurt, treat it as serious and call for help.
Step 2: Call 9-1-1
Call the police if anyone is injured, a driver leaves, driving while intoxicated is suspected, or traffic is blocked. Follow the responding officers' instructions.
Step 3: Take Pictures
Photograph the vehicles, license plates, road, traffic signs, lights, debris, skid marks, visible injuries, and nearby businesses that may have cameras.
Step 4: Move Cars Safely
If the crash is minor and the cars can move, get out of traffic when it is safe. If anyone is hurt or the cars cannot move, wait for police and emergency help.
Step 5: Find Witnesses
Get names and phone numbers from witnesses before they leave. A neutral witness can matter when the other driver later changes the story.
Step 6: Exchange Information
Take pictures of the other driver's driver's license, insurance, and registration. Get the driver's phone number and vehicle information. Do not argue about fault at the scene.
Step 7: Report the Crash
Report the claim to the insurance company and, if required, the Nevada DMV. Keep the report short and factual until you understand your injuries.
Step 8: Go to the Doctor
Get checked even if you think you can tough it out. Some injuries, including concussions, neck injuries, back injuries, and shoulder injuries, get worse after the shock wears off.
Frequently Asked Questions
What should I do after a car accident that was not my fault?
Get medical care, call the police when needed, photograph the scene, identify witnesses, notify insurance, and avoid broad recorded statements until you understand your injuries and the fault issues. Even when the crash was not your fault, the insurance company may still look for facts it can use to blame you or reduce the claim.
How long do I have to file a car accident lawsuit in Nevada?
Most Nevada car accident injury lawsuits must be filed within two years of the crash. That deadline comes from Nevada's general injury filing deadline, NRS 11.190(4)(e). Special facts, such as a government vehicle, a child, a death, or an insurance policy deadline, can change the analysis, so confirm the deadline early. See our Nevada car accident statute of limitations page for more detail.
Can I recover if I was partly at fault?
Yes, if your share of fault is not greater than the fault of the person or people you are suing. Your recovery is reduced by your fault percentage. If your share of fault is more than 50 percent, Nevada's comparative fault rule can prevent recovery. See Nevada's comparative fault rule, NRS 41.141.
What if the driver who was at fault had no insurance?
Your own uninsured or underinsured motorist coverage may apply if you bought it. Other policies may also exist depending on who owned the car, whether the driver was working, whether a rideshare app was involved, or whether a household policy applies. The Nevada Division of Insurance's UM/UIM explanation can be found here.
Should I accept the first settlement offer?
Usually not until you understand your diagnosis, future care, missed income, insurance limits, and what rights you are giving up. A release is usually final. If you sign too early, you may be stuck even if later care costs more than expected.
What if I was a passenger?
A passenger may have claims against one or more drivers depending on who caused the crash. Passenger claims often focus less on whether the passenger can recover and more on which insurance policy pays. If you were a rideshare passenger, see our Las Vegas Uber and Lyft accident lawyers page.
Gallagher & Lipshutz represents car accident victims throughout Las Vegas, Henderson, North Las Vegas, Summerlin, and Clark County. For a free consultation, call (702) 381-3770 or contact Gallagher & Lipshutz. A short call can help identify the deadline, the insurance, and the evidence that needs to be gathered and saved.
