Being in a car accident is overwhelming enough, but when you know you weren’t at fault, the stress can feel doubled. You expect the other driver’s insurance to simply “do the right thing,” but the reality is rarely that easy. Insurance companies are trained to minimize payouts, shift blame, and close claims quickly. And if you miss a critical step, you could end up paying out of pocket for an accident you didn’t cause.
Here’s what you need to know about your rights, how fault works in Nevada, and how to navigate a third-party insurance claim without jeopardizing the compensation you deserve.
1. Prioritize Safety and Call the Police
Many people ask: “Are you supposed to call the police after an accident?”
In Nevada, the answer is almost always yes. A police report becomes a powerful piece of evidence when determining fault and filing a third-party claim. If you’re physically able:
- Move to safety
- Check on passengers
- Call 911 to report the collision
- Avoid saying “I’m sorry” or making statements that sound like admissions of fault
Stick to the facts when speaking with officers. Even one well-intentioned comment can be twisted later by an insurance adjuster.
2. Gather Evidence to Protect Yourself
Fault is determined through evidence, not assumptions. Insurance adjusters review:
- Photos of the scene
- Vehicle damage
- Skid marks, debris, traffic signs
- Witness statements
- Police reports
- Your account of the crash
Take pictures, gather contact information, and ask witnesses to share their names and phone numbers. The more evidence you document now, the harder it is for the at-fault driver’s insurer to dispute what really happened.
3. Seek Medical Care, Even If You Feel “Fine”
Injuries like whiplash, concussions, soft-tissue tears, and nerve damage don’t always appear immediately. Many victims don’t feel symptoms for hours or days. But insurance companies often argue:
“You didn’t get treated right away, so the accident must not have caused your injuries.”
To protect both your health and your claim:
- Get evaluated the same day as the crash
- Keep all medical records and receipts
- Track your symptoms in writing
Your medical documentation becomes essential evidence in proving damages.
4. Report the Car Accident to Your Insurance Company
A common question is: “If I am not at fault in an accident, do I still need to call my insurance?”
Yes, and here’s why:
- Your policy likely requires you to report accidents.
- Your insurer can help guide the process.
- They may provide benefits like MedPay or collision coverage.
- They can initiate subrogation, meaning they pursue the at-fault driver’s insurer on your behalf.
Reporting does not mean your rates automatically go up. Nevada law does not allow premium increases for not-at-fault crashes.
5. File a Third-Party Claim With the At-Fault Driver’s Insurance
A third-party insurance claim allows you to seek compensation directly from the at-fault driver’s insurer, not your own. This can include:
- Medical expenses
- Lost wages
- Vehicle repairs or replacement
- Pain and suffering
- A rental car
- Other related damages
However, the at-fault driver’s policy only pays up to their coverage limits. For example:
If your vehicle is worth $50,000 but their policy only covers $40,000, you may be responsible for the difference; unless, you have additional coverage like collision or UIM.
And remember: adjusters work for the insurance company, not for you. Their job is to reduce the payout in any way possible.
6. Understand How Fault Works in Nevada
Nevada is a fault state, meaning the at-fault driver’s insurance pays for your damages.
Nevada also follows modified comparative negligence, meaning:
- If you are 50% or less at fault, you can still recover damages.
- If you are 51% or more at fault, you cannot recover compensation.
This is exactly why insurance companies push so hard to shift blame onto you — even partially. Reducing your fault by even a few percentage points can dramatically reduce what they must pay.
7. Watch for Common Insurance Company Tactics
Insurance companies often:
- Ask for a recorded statement
- Try to get you to admit partial fault
- Downplay your injuries
- Offer a quick but extremely low settlement
- Claim you delayed treatment
- Twist your words (“I’m feeling okay”) into evidence against you
You’re not required to give a recorded statement to the other driver’s insurer, and you absolutely should not do so without legal guidance.
8. What If the At-Fault Driver’s Insurance Won’t Pay?
If the other driver’s insurer refuses to take responsibility:
- Appeal the decision with more evidence
- Notify your own insurance for possible coverage
- Use your uninsured/underinsured motorist (UM/UIM) policy if applicable
- Consult an attorney immediately
An experienced attorney can often obtain compensation that insurers refuse to pay voluntarily.
9. What If the Other Driver Is Uninsured?
If the driver has no insurance or too little insurance, your options may include:
- Uninsured/Underinsured Motorist (UM/UIM) coverage
- Your collision coverage
- MedPay or personal injury protection
Your own insurance may pay first and then seek reimbursement through subrogation.
Why You Should Consider Calling a Lawyer Early
- Handles communication with insurers
- Prevents you from saying something that damages your claim
- Collects critical evidence
- Helps determine fault
- Calculates the true value of your claim
- Negotiates for a fair settlement
- Files a lawsuit if the insurer refuses to be reasonable
Most importantly, an attorney levels the playing field. While you’re recovering, insurance companies are strategizing. You shouldn’t have to fight them alone.
You Deserve a Team That Fights for You
At Hale Injury Law, we’re here to protect your rights, push back against insurance tactics, and fight for every dollar you’re owed. If your accident wasn’t your fault, you shouldn’t be left paying the price.
Your injury. Our fight.
Call Hale Injury Law today for a free case evaluation.