Common Myths About DUI Accident Claims

Getting hurt by a drunk driver comes with a specific kind of confusion. Between the police report, the criminal case, the insurance adjuster’s phone calls, and well-meaning advice from friends and family, it’s easy to end up with the wrong idea about what your rights actually are. Some of these myths cause victims to walk away from compensation they’re entitled to. Others just create unnecessary stress at an already difficult time. Here’s what’s actually true under Nevada law.

Myth: The criminal case against the drunk driver will get me compensated

Fact: The criminal case and civil case are two separate processes, and the criminal case is not about the victim.

When a drunk driver is arrested, the State of Nevada prosecutes them for breaking the law. That case is about punishment. The prosecutor works for the state, not for you, and the outcome of that case does not automatically pay your medical bills or replace your lost income.

If the driver is convicted, a judge may order restitution, but restitution is usually limited to direct financial losses like medical expenses and property damage. To recover full compensation, you generally need to file your own civil personal injury claim against the driver, separate from anything happening in criminal court.

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Myth: If the charges were dropped or the driver wasn’t convicted, I don’t have a case

Fact: A dropped prosecution or an acquittal says very little about your ability to bring a civil claim.

Criminal and civil cases operate under completely different standards of proof. A criminal conviction requires proof beyond a reasonable doubt which is the highest bar in the legal system. A civil claim only requires a preponderance of the evidence, meaning it’s more likely than not that the driver’s impairment caused the crash.

Prosecutors also drop or reduce DUI charges for reasons that have nothing to do with what actually happened: plea negotiations, an unavailable witness, a procedural issue with the stop, or simple caseload pressure. None of that erases the evidence of intoxication in your case, the field sobriety test, the blood or breath results, the officer’s report, witness statements. A civil case can still succeed even where a criminal case stalled.

Myth: If I was partly at fault, I can’t recover anything

Fact: Nevada lets you recover damages as long as you’re 50% or less at fault.

Nevada follows a modified comparative negligence rule under NRS 41.141, often called the 51% bar rule. If you’re found to share some responsibility for the crash, your compensation is reduced by your percentage of fault. It isn’t eliminated, as long as you’re not more than half responsible.

Insurance companies know this rule well and routinely try to shift a larger share of blame onto the victim to reduce what they have to pay. That’s precisely the kind of dispute where having your own representation matters. Someone who has run into this defense before knows how to push back on it.

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Myth: I have plenty of time to decide whether to file

Fact: Nevada gives you two years from the date of the injury, and that window closes faster than it feels like it will.

Under NRS 11.190(4)(e), most personal injury claims in Nevada, including those from drunk driving crashes, must be filed within two years. It’s easy to assume that two years is a long time, but medical treatment, negotiations with insurance, and simply trying to get back to normal life can eat up months before you’ve made any real progress toward filing. Evidence also degrades over time: witnesses’ memories fade, surveillance footage gets overwritten, and vehicles get repaired or scrapped. Waiting to act rarely helps a claim and can permanently bar it if the deadline passes.

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Myth: It was a hit-and-run, so I’m out of luck

Fact: Not knowing who hit you doesn’t automatically end your claim.

If the drunk driver flees the scene, you may still have options through your own uninsured motorist coverage while law enforcement works to identify the driver. Nevada treats DUI-related hit-and-runs as a serious felony, and investigators often use forensic evidence to track down the driver. If they’re eventually identified, you can pursue a claim against their insurance or file a lawsuit directly.

Myth: Since being drunk practically proves negligence, I don’t really need a lawyer

Fact: A DUI often makes liability easier to prove, but it doesn’t determine what your claim is worth and doesn’t negotiate that value for you.

Driving under Nevada’s legal limit of .08% BAC is a violation of NRS 484C.110, and evidence of intoxication makes it considerably harder for a driver to argue they weren’t at fault. Cases involving a DUI do tend to settle for more than a typical negligence claim, largely because liability is difficult to dispute and insurers know a jury has little patience for a drunk driver’s defense. But a strong liability picture isn’t the same as a guaranteed payout.

Fault is only the first half of a claim. Insurance companies still negotiate the value of the damages themselves just as aggressively as they would in any other case. An arrest doesn’t make an adjuster write a bigger check on its own.