Tourist Involved in a Las Vegas Car Crash? What Non-Residents Need to Know

Las Vegas is one of the most popular tourist destinations in the world, with about 40 million people visiting every year. People come from all over to experience the Strip, world-class shows, fine dining, and casinos. But what happens if you’re visiting Vegas and suddenly find yourself in a car crash? Car accidents are stressful enough, but when they happen away from home, they can be even more confusing. You might have a lot of questions. Who’s at fault? Will my out-of-state insurance cover the damages? Do I need a local lawyer?

At Claggett & Sykes, we’ve helped many tourists who were injured in car accidents while visiting Las Vegas. Today we’ll walk you through everything you need to know if you’re a non-resident involved in a car accident here in Nevada.

Step 1: Make sure everybody is safe

Safety should be your first priority. Check yourself and your passengers for injuries. If anyone is seriously hurt, call 911 right away. Even if nobody seems injured, it’s still smart to call the police so they can issue an official police report. Remember, Nevada law requires drivers to report accidents that cause injury, death, or property damage over a certain amount. If you’re unsure, it’s best to report the crash anyway.

While waiting for help to arrive, turn on your hazard lights and, if it’s safe to do so, move your vehicle out of traffic. Exchange information with the other driver, including names and contact info, driver’s license number, license plate number, and insurance information.

Also, take photos of the crash scene, damage to the vehicles, any visible injuries, and the surrounding area. These details will be important later when filing a claim or if a lawsuit is necessary.

Step 2: Get medical attention

Some injuries, like whiplash or internal bleeding, don’t show up right away. Even if you feel okay, it’s a good idea to get checked out by a doctor. Not only is this important for your health, but it also creates a medical record that connects your injuries to the car accident.

Nevada law follows the “at-fault” system, meaning that the driver who caused the crash is responsible for damages. But to get compensated for your injuries, you’re going to need proof. Medical records are a big part of this process. If you end up needing ongoing treatment after returning home, your Las Vegas doctor’s records can still help support your claim.

Step 3: Understand Nevada’s laws

Laws around car accidents and personal injury claims can vary widely from state to state. Since your crash happened in Las Vegas, Nevada law applies, even if you live somewhere else. Here are a few key Nevada laws to keep in mind:

• The state of Nevada uses a modified comparative negligence What this means is that you can still recover compensation even if you were partially at fault for the accident, as long as you weren’t more than 50% responsible. For example, if you were found to be 20% at fault, your compensation would be reduced by that amount if your case went to trial.
• You generally have two years from the date of the accident to file a personal injury claim in Nevada. If you wait too long, you could lose your right to sue. There are some exceptions, but don’t count on them without talking to a lawyer first.
• Some states have “no-fault” insurance laws, which means each driver’s insurance pays for their own injuries, no matter who caused the accident. Nevada is NOT a no-fault state. Here, the at-fault driver’s insurance pays for damages. If you have uninsured/underinsured motorist coverage (UM/UIM) your insurance may pay for damages if the at-fault driver didn’t have insurance or didn’t have enough insurance to cover your damages.

Step 4: Dealing with insurance across state lines

Even if you’re from out of state, your auto insurance policy still applies in Nevada. Most major insurance companies provide nationwide coverage. This means you should report the accident to your insurance company as soon as possible, just like you would at home. This is also necessary for you to make a claim under your UM/UIM policy. However, there are some extra steps you might need to take:

• Your insurer might want to send an adjuster to inspect the damage, but they may not have a local office in Las Vegas.
• You might need to coordinate with both your insurer and the other driver’s insurance company to settle your claim.
• If you were driving a rental car, things get even more complicated. You’ll need to figure out whose insurance covers what – your personal policy, the rental company’s coverage, or even a credit card benefit.

Working your way through this maze of red tape can be difficult, especially when you’re not from around here. This is where our Las Vegas car accident lawyers can really help.

Step 5: Work with a local car accident lawyer

You might just want to forget about what happened for a while and handle the car accident aftermath when you get home. However, the truth is, it’s often much easier and more effective to work with a local Nevada attorney who understands the laws and courts in Las Vegas. Here’s why hiring the Las Vegas car accident lawyers at Claggett & Sykes can make a big difference.

• We know the local system. Every state has its own laws, procedures, and deadlines. Our local lawyers know how the Nevada court system works, how local judges think, and what kinds of evidence carries the most weight in court.
• We can represent you without you traveling back. In many cases, you don’t even have to come back to Las Vegas for hearings or depositions. We can appear in court on your behalf and handle all the legal details while you focus on healing from your injuries.
• We’ve worked with many local insurance companies and know how to negotiate effectively. Sometimes just having a well-known local law firm representing you makes adjusters take your case more seriously.
• Having an attorney can improve your settlement. Insurance companies often try to settle quickly, and for less than you really deserve. Our car accident lawyers can calculate all your damages, including medical bills, lost wages, future care needs, pain and suffering, emotional distress, and travel expenses. We fight so that you don’t leave any money on the table.

Frequently asked questions from tourists after a Las Vegas car accident

Will I need to come back to Nevada to file a lawsuit? Not usually. If you hire our Las Vegas car accident lawyers, we can often file and handle your case for you. There may be some instances later on in the lawsuit where you may have to travel to Nevada. For example, you may have to travel here for your deposition, though many depositions are now done over videoconferencing. If your case goes all the way to trial—pretty rare these days—you would have to appear live at trial.

What if I was partly at fault for the crash? Nevada’s comparative negligence law might still allow you to recover damages, as long as you’re not more than 50% at fault.

Can I sue the rental car company? Maybe, but only in certain situations. If the rental company was negligent (like if the car wasn’t properly maintained), they could be held responsible.

I already went home. Can I still get help? Yes! Many of our clients live out of state. We can communicate by phone, email, or video chat.

We understand that getting into a car accident while on vacation can turn your dream trip into a nightmare. At Claggett & Sykes, we’ve helped many tourists work through the confusion of Nevada’s car accident laws. If you’re a non-resident injured in a Las Vegas crash, reach out to our team today. We offer free consultations and there’s no fee unless we win your case. We’ll take care of the legal side, so you can focus on healing from your injuries and getting back to your life. Please call us or complete our contact form to schedule your free consultation. We have offices in Las Vegas and Reno for your convenience.