If you’re on an out-of-state road trip for business or pleasure, a car accident can wreck your plans. Regardless, if you do find yourself in a crash, you’ll need to deal with the aftermath in the state where the accident happened. If you have an accident while you’re visiting Nevada, a car accident lawyer from Benson & Bingham can help you navigate the legal system, handle your claim, and protect your rights.


In Nevada, drivers who wreck their vehicles are governed by an “at-fault” system with a modified comparative negligence rule. This means that any driver who is more than 50% responsible for causing the crash is accountable for paying damages to the other drivers involved. Drivers who are less than 50% at fault can seek compensation for their losses; the award they receive will be reduced by the percentage of fault they carry. In other words, if a driver who was 30% at fault was originally awarded $100,000 in damages, they will actually receive $70,000 in compensation.
Usually, the at-fault driver’s insurance company pays to settle the case, and sometimes, a lawsuit is involved. To avoid making large payouts, insurance companies often try to maximize the victim’s responsibility. Therefore, if you’re a car crash victim, it’s important to retain counsel that can negotiate for full compensation, especially if you’re visiting from out-of-state.
To assign fault, the law determines how drivers or other responsible parties caused the wreck through negligence. Driving while distracted or inebriated, violating traffic laws, and behaving recklessly are among the reasons a party can be responsible for a car crash. Circumstances like missing street signs and poorly maintained roads can also impact how fault is assigned.
Any driver involved in an accident that causes over $750 in damages, whether they are a Nevada resident or from out of state, has ten days to report the crash to the Nevada Department of Motor Vehicles. If the crash causes an injury, drivers must inform law enforcement about the incident immediately. The accident report typically serves as evidence that can influence the outcome of a claim.
Everyone driving in Nevada must follow the state’s traffic laws. A driver’s insurance coverage will be valid in any state, but car-crash liability is assessed in the state where an accident happens. This means that if you are an out-of-state driver who causes an accident in Nevada, any insurance claims the victim makes will be subject to Nevada’s personal injury rules, even if your insurance policy is from your home state.
States can have different minimum insurance requirements. As an at-fault driver from out of state, your insurance policy may fail to cover damages awarded in Nevada, which could include medical expenses, lost wages, property damage, and pain and suffering. For instance, if Nevada law says that the other driver is entitled to $100,000, but your insurance policy has a lower liability limit, you will need to hire a car accident lawyer from Nevada to help to review your options. Whether you’re settling an insurance claim or involved in a lawsuit, a Nevada lawyer will be best equipped to understand the state’s car insurance requirements and laws in order to handle your case.
If you’re visiting Nevada from another state, and a Nevada driver hits your car, their Nevada-based insurance policy will cover the claim if they are at fault. If two out-of-state drivers hit each other while they are traveling in Nevada, both parties will need to hire Nevada accident attorneys to sort out the case.
Nevada car accidents are serious incidents, and what you do after the wreck can impact your case. To ensure a positive outcome, take these steps:
First, protect your safety. If possible, move your car out of the roadway.
After your accident, your Nevada car accident lawyer can continue gathering police reports, medical records, photos, videos, and witness statements of the accident scene that can serve as evidence. They can also interact and negotiate with insurance companies on your behalf to protect you from disputes and miscommunications.
While you’re recovering from your accident, you may need to get follow-up medical treatment, repair or replace your car, and deal with legal issues from your home state. Fortunately, your car accident attorney can deal with most aspects of your case remotely, so you can minimize the need to travel back to Nevada. Your Nevada lawyer can file documents and handle your insurance claim or lawsuit on your behalf. They can also participate in and prepare you for virtual depositions, mediation sessions, and remote hearings. This allows you to continue to work or spend time with family at home without needing to travel.
Usually, the statute of limitations for Nevada car accident claims is two years from the date of the accident. Your Las Vegas-based personal injury attorney can take care of every aspect of your insurance claim or court case and ensure you don’t miss any deadlines.
When you’re from out of state, dealing with an accident in Nevada is much easier when you have the right legal assistance. Whether you need a car accident lawyer, personal injury lawyer, truck accident lawyer, drunk driving lawyer, or wrongful death lawyer, the experts at Benson & Bingham are dedicated to providing the support you need to ensure you receive the full compensation you deserve. Contact us today!
Benson & Bingham Accident Injury Lawyers
Summerlin Location
11441 Allerton Park Dr #100
Las Vegas, NV 89135
Phone: 702-684-6900
Fax: 702-382-9798
Downtown Location
626 S 10th St
Las Vegas, NV 89101
Phone: 702-382-9797
Fax: 702-382-9798
Henderson Location
9230 S Eastern Ave #155
Las Vegas, NV 89123
Phone: 702-463-2900
Fax: 702-382-9798
Reno Location
1320 E Plumb Lane Ste A
Reno, NV 89502
Phone: 775-600-6000
Fax: 702-382-9798
Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys