What To Do After a Nevada Car Accident That’s Not Your Fault

Being involved in a car accident can be scary. Even if you’re not seriously injured, everything can feel like a blur. Your heart is racing and your mind is spinning. You might not even know what to do next, especially if the crash wasn’t your fault. At Claggett & Sykes, we’ve helped thousands of crash victims right here in Las Vegas and across Nevada. We understand that you’re likely overwhelmed, and we’ve put together this simple guide to walk you through what to do if you’ve been in a car accident and you weren’t the one to blame.

Step 1: Make sure everyone is safe

Check yourself and others for injuries. If someone’s seriously hurt, call 911 right away. Don’t try to move them unless there’s immediate danger, like a fire.

If the car accident is minor and everyone is okay, move your car out of traffic, if it’s safe to do so. Turn on your hazard lights to warn other drivers.

Step 2: Call the police

Even if your accident seems minor, it’s important to call the police. Here in Nevada, you’re required to report a crash if there’s injury, death, or more than $750 in damages (let’s be honest – most crashes cost more than that). When the police arrive:

• Stay calm and polite.
• Stick to the facts – don’t guess or make any assumptions.
• If the crash wasn’t your fault, be careful not to say anything that may suggest it was, even if you’re just trying to be nice. Insurance companies might use these statements later on to claim that you were at fault.

The responding officer will file a police report, which can be very helpful in the event you need to file an insurance claim or take legal action later on.

Step 3: Get the other driver’s information

Exchange contact and insurance information with the other driver. You’ll want to note:

• Their name, address, and phone number
• Their driver’s license number
• Their license plate number
• The name and policy number of their insurance company

Get the names and contact information from any witnesses. They might be able to back up your version of what happened.

Step 4: Take photos and videos

Your smartphone is your best friend after a car accident that wasn’t your fault. Use it to capture everything, including:

• The entire crash scene
• The damage to both vehicles
• The position of the cars
• License plates of everyone involved
• Skid marks or broken glass
• Road signs or traffic lights
• Any visible injuries you or your passengers have

Photos and videos can tell a powerful story and can also be key evidence in your case.

Step 5: Get medical attention

Even if you think you feel fine, see a doctor as soon as possible. Some injuries, like whiplash, concussions, or internal bleeding, may not show up right away.

Seeing a doctor not only protects your health, but it also creates a medical record that demonstrates your injuries came from the accident. This is very important when it comes time to deal with the insurance companies.

Step 6: Notify your insurance company

Call your insurance company right away to report the accident. Give them the facts, but be careful what you say. Even though the crash wasn’t your fault, your insurer may still play a role, especially if the other driver is uninsured or underinsured. Be polite, but don’t go into details until you’ve spoken with an experienced lawyer.

Step 7: Don’t talk to the other driver’s insurance company alone

After your accident, the other driver’s insurance company might contact you. They may seem friendly and helpful at first, but remember – they are not on your side. They may try to:

• Get you to say something that hurts your case
• Blame you for the accident
• Get you to accept a quick and low settlement

You don’t have to talk to the company at all. It’s okay (and smart) to say, “I’m working with an attorney. Please talk to them.”

Step 8: Keep track of everything

Start a folder or use your phone to keep track of:

• Medical bills and doctor visits
• Car repair estimates and receipts
• Missed work and lost wages
• Pain or physical limitations (journal entries can help)

The more information you document, the stronger your case will be.

Step 9: Talk to a Las Vegas personal injury lawyer

When an accident isn’t your fault, you shouldn’t have to pay for someone else’s mistake. But sadly, that’s exactly what can happen if you try to handle it on your own. Working with an experienced car accident attorney can:

• Help you understand your rights
• Take the pressure off dealing with insurance companies
• Make sure you don’t settle for less than you deserve
• Get your case ready for court if necessary

At Claggett & Sykes, we don’t charge anything upfront, and we only get paid if we win for you.

Common mistakes to avoid after a car accident that wasn’t your fault

Even the smartest and most careful person can make a mistake after a car accident. Here are a few things NOT to do:

• You might be tempted to say something like “I’m sorry” at the scene, but even small comments like this can be used against you later.
• Skipping the doctor and thinking you can “tough it out” can cost you. Delaying medical care can hurt your health and your legal case.
• Insurance companies are known for offering lowball settlements. Don’t sign anything without talking to your lawyer first.
• In Nevada, you typically only have two years from the date of the accident to file a personal injury lawsuit. This can seem like plenty of time, but building a strong case takes time, so don’t wait.

What if the other driver is uninsured?

Nevada law requires all drivers to carry car insurance, but not everyone follows the rules. If the driver who hit you doesn’t have insurance or doesn’t have enough, you still have options. You may be able to file a claim through:

• Your own uninsured/underinsured motorist (UM/UIM) coverage
• A personal injury lawsuit against the at-fault driver

Every case is different, so this is where having a lawyer really helps.

What if I were a passenger?

If you were a passenger in the car accident, you still have the right to recover compensation, even if the driver of your vehicle was at fault. In most cases, you can file a claim against:

• The other driver’s insurance
• The driver of the car in which you were riding
• Your own insurance (depending on the situation)

Passengers can find themselves in a strong legal position because they clearly weren’t driving and usually have no control over the accident.

What is the value of my Las Vegas car accident claim?

If you were injured in a car accident that wasn’t your fault, you may be able to recover money for:

• Medical bills (past and future)
• Car repairs or replacement
• Lost income
• Pain and suffering
• Emotional distress
• Permanent injuries or disabilities

In some rare cases, you could even get punitive damages if the other driver was extremely reckless, like driving drunk or racing.

No one plans to get in a car accident, but if it happens, it’s important to know what to do. If the crash wasn’t your fault, you have legal rights, and you deserve to be treated with respect. If you’re in Las Vegas or anywhere in Nevada, Claggett & Sykes is here to help. Call us for a free consultation. No pressure. Just honest advice from a team that’s ready to stand by your side. Please call us or complete our contact form to schedule a free consultation. We have offices in Las Vegas and Reno for your convenience.