Can You Really Sue for Car Crash Injuries? Here’s What You Need to Know

Legally reviewed by Sandy Van (Bar No. 10785). Updated October 2026.

Yes. In Nevada, a person injured by someone else’s carelessness can sue for it. State law makes the person who causes an injury liable to the person injured, and makes an employer liable when that person was on the job (NRS 41.130).

Nevada is also a fault state. Some no-fault states require a “serious injury” before you can sue the other driver. Nevada has no such requirement.

Whether you can sue and whether you will need to are different questions. This article covers both, along with the situations where the answer is no.

What “Suing” Usually Looks Like

Most people picture a courtroom. Most claims never reach one.

• It starts as an insurance claim. The claim is presented to the at-fault driver’s insurance company. Many claims are settled at this stage, and no lawsuit is ever filed.
• If a lawsuit is filed, it names the driver. In Nevada you generally cannot sue the other driver’s insurance company directly. The lawsuit is against the person who caused the crash. That driver’s insurer normally hires the defense lawyer and pays any settlement or judgment, up to the policy limits.
• Filing does not mean trial. Most lawsuits settle before a trial takes place.

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Can I Still Sue If…

…I was partly at fault? Yes, as long as you were not more at fault than the people you are suing. Your recovery is reduced by your share of the fault (NRS 41.141). If you are 30% at fault on a $10,000 claim, you can recover $7,000. If you are exactly 50% at fault, you can still recover half. If you are more than 50% at fault, you recover nothing.

…I wasn’t wearing a seat belt? Always wear one. Nevada law requires it, and it is the best protection you have in a crash. But the same law says that failing to wear a seat belt may not be treated as negligence, or as a cause of the crash, in a civil case (NRS 484D.495). It does not take away your claim against the driver who hit you.

…I was a passenger? Yes. A passenger is rarely at fault, and may have a claim against the driver of the other vehicle, the driver of the car they were riding in, or both. When the driver is a friend or relative, remember that the claim is normally paid by the driver’s insurance company. Which policies apply depends on the facts.

…the other driver lives in another state, or I do? Yes. Anyone who drives on Nevada roads can be sued in Nevada for a crash that happens here, even after going home (NRS 14.070). A visitor injured in Las Vegas can bring a claim here too.

…the driver didn’t own the car? Yes. Auto insurance usually travels with the car, not the driver. The owner’s policy generally covers a person driving with the owner’s permission, and the driver’s own policy, if there is one, may add to it. With a rental car, coverage that came with the rental may also be available. The owner can be liable as well when the driver is an immediate family member (NRS 41.440).

…the other driver was drunk? Yes. In addition to compensation for your losses, Nevada allows punitive damages against a driver who caused an injury while impaired (NRS 42.010). The claim is against the driver. Nevada does not hold a bar or casino liable for serving an adult who later causes a crash (NRS 41.1305).

…a family member was killed? Yes. The heirs and the estate may each bring a claim.

If the Crash Happened While You Were Working

Two rules apply, and they point in different directions.

• You generally cannot sue your employer or a coworker. Workers’ compensation is the exclusive remedy for an injury on the job (NRS 616A.020).
• You can sue anyone else who caused the crash. If another driver hit you while you were making a delivery or driving between job sites, you can bring a claim against that driver in addition to your workers’ compensation claim (NRS 616C.215). That claim can include the losses workers’ compensation does not cover.

The workers’ compensation insurer is entitled to be repaid from what you recover from the other driver. Nevada law limits how much it can take.

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When You Can’t Sue

• You were more at fault than the other side. The 50% rule above is a complete bar.
• The deadline has passed. See the next section.
• You already signed a release. A settlement is final. Once you sign, you generally cannot ask for more, even if the injury turns out to be worse than you thought.

There is also a practical limit. The right to sue does not guarantee there is money to collect. Nevada drivers are required to carry only $25,000 in bodily injury coverage per person (NRS 485.185), and many drivers have few assets beyond their insurance. Your own uninsured and underinsured motorist coverage exists for this situation.

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How Long You Have

Most Nevada injury and wrongful death lawsuits must be filed within two years (NRS 11.190).

For a child, the clock on the child’s own injury claim generally does not start until age 18 (NRS 11.250). Evidence does not wait, though. Video is recorded over and witnesses become harder to find, so a claim is stronger when the work starts early.

Frequently Asked Questions

Can I sue the other driver’s insurance company directly? Generally, no. In Nevada the claim is against the driver. The driver’s insurer usually provides the defense and pays the settlement or judgment, up to the policy limits.

Do I have to go to court to be paid? Usually not. Many claims settle with the insurance company before a lawsuit is filed, and most lawsuits settle before trial.

Can I sue for a minor injury? Yes. Nevada has no minimum injury requirement. What a claim is worth depends on the harm you can document.

What if the at-fault driver has no insurance? You can still sue the driver, but collecting may be difficult. Uninsured motorist coverage on your own policy can pay instead, up to its limits.