After a car accident in Nevada, it’s easy to feel overwhelmed by insurance adjusters, legal jargon, and advice from all directions. Many people find themselves confused by information that may not even apply to Nevada law or to their particular situation. At Law Offices of Steven J. Klearman & Associates, we know firsthand how common myths can lead drivers to make costly mistakes or give up their legal rights, sometimes without even realizing it. Our team is committed to guiding you with clear answers, correcting misunderstandings, and ensuring you’re informed about your options and protections after any vehicle collision in our state.
Do Insurance Companies Always Decide Fault After a Nevada Car Accident?
Many people think the insurance company’s decision on fault is the final word, but this is not the case in Nevada. Insurance adjusters work for their company’s interests. Their findings about who was responsible for a crash may be influenced by a desire to reduce payouts, not always by the facts or local law. Nevada follows a modified comparative negligence system, not insurance company policy, meaning the final say on liability is governed by Nevada statute NRS 41.141 and, if disputed, ultimately determined by the courts.
Insurance companies may try to assign more blame to you than is fair, which lowers the amount they must pay or lets them deny your claim. Fortunately, you have options for challenging these findings. You’re not required to accept an insurer's initial assessment as the truth. Through documentation, witness statements, accident reconstructions, and, if needed, legal proceedings, you have the right to dispute and overturn a decision you believe is inaccurate or unjust. This protection is especially important in Nevada, where many accidents involve shared responsibility and subtle details can make a difference.
At Law Offices of Steven J. Klearman & Associates, we carefully review all accident reports, photos, and relevant evidence when an insurance company’s findings don’t match our client’s experience. We believe every driver deserves a complete and fair evaluation in line with Nevada’s legal requirements, not just the insurer’s internal standards. Don’t assume the insurance company’s verdict is the end of the road—Nevada law offers you paths to challenge and assert your position.
Can You Only Recover Compensation If the Other Driver Is 100% at Fault in Nevada?
One of the most persistent Nevada accident myths is that you can only get compensation if you bear no responsibility for the collision. This isn’t true under state law. Nevada follows a modified comparative negligence rule, which means you can still recover damages if you are less than 51% at fault. Your compensation is simply reduced by your own share of fault. For example, if you are found 20% at fault for an accident, your settlement or verdict would be reduced by 20%. However, if your responsibility is 51% or greater, you become ineligible for any compensation from the other involved parties.
Accidents are often complex. Rear-end collisions, side-swipes, and intersection accidents frequently involve divided blame. Many people hesitate to file a claim if they believe they were even partly at fault, but Nevada law is designed to account for these realities. Insurers may encourage you to accept more blame than necessary to minimize the payout, so it’s especially important not to assume fault until a full investigation is completed. Many claimants end up eligible for substantial recovery even when they initially doubted their own rights.
We work with clients to analyze every factor, from traffic reports to physical evidence, to determine the actual distribution of fault. By combining this thorough approach with Nevada’s comparative negligence rules, we help ensure you’re not unfairly excluded from compensation you’re entitled to claim. Making assumptions or accepting blame too quickly can unnecessarily limit your legal options and your ability to recover damages for medical bills, lost income, or pain and suffering.
Will Your Car Accident Claim Be Denied If You Wait to Seek Medical Attention?
It’s a common worry that waiting to see a doctor after an accident will automatically invalidate your insurance claim. Although prompt medical attention is ideal, especially to document injuries and connect them to the accident, a delay does not automatically eliminate your right to claim compensation in Nevada. Many accident victims feel fine immediately after a crash, only to experience pain or symptoms days later as adrenaline fades or injuries become more apparent. Nevada courts and claims adjusters recognize this reality.
Insurance companies may attempt to argue that a delayed doctor visit is “proof” your injuries are unrelated or exaggerated. The burden is then on you to show that symptoms took time to develop or that life circumstances—like waiting for a primary care appointment or being preoccupied with immediate aftermath tasks—caused the delay. Consistent and credible medical records, supported by clear explanations, can overcome most objections by insurers. Tracking your symptoms and maintaining communications with healthcare providers is critical.
Our team routinely supports clients who waited before seeking care, gathering medical evidence and explaining the real-world reasons behind any delay. We ensure that your treatment history is thoroughly documented and your injuries are connected to the crash, strengthening your claim and countering insurer pushback. Don’t be discouraged from making a claim simply because you didn’t see a doctor right away. The key is to act when symptoms arise and to document the progression as thoroughly as possible.
Is Filing a Police Report Optional & Does It Affect Your Nevada Claim?
Some drivers think a police report is unnecessary, especially if no one was badly injured or if the damage seems minor. In Nevada, reporting requirements are clear: any accident resulting in bodily injury, death, or property damage over $750 must be reported to law enforcement under state law (NRS 484E.070). Failing to file a report is not only a violation of the law, but can significantly undermine your claim when you file with your insurer or pursue a lawsuit later.
Police reports are crucial because they provide an unbiased, third-party account of the crash, including diagrams, contact information, and officer impressions of what happened. Even if you don’t agree with all the details, this documentation is a powerful tool for establishing what took place and for countering later disputes with insurance adjusters or opposing drivers. Most insurers will require this report before approving substantial claims, and its absence often leads to delays or outright denial.
If you were unable to file a report at the scene due to injury or confusion, it’s important to act quickly after the fact. At Law Offices of Steven J. Klearman & Associates, we help clients track down missing police reports, file late documentation when possible, and collect other evidence such as witness statements and photographs. Preserving these records helps ensure you maintain every possible legal right in the Nevada accident claim process.
Are You Guaranteed to Receive Pain & Suffering Damages in Every Nevada Accident Claim?
There’s a widespread misunderstanding that “pain & suffering” damages are awarded in every crash, no matter the circumstances or injury severity. In Nevada, non-economic damages like pain & suffering are indeed possible for many car accident claims, but they’re far from guaranteed. Several factors affect whether you’ll actually receive these damages, including the type, duration, and impact of your injuries, as well as the strength of your supporting evidence.
Insurance adjusters and courts closely examine your medical records, the consistency of your reported symptoms, and the effect of your injuries on everyday life. If your injuries are superficial or your treatment was minimal, or if there is a lack of documentation, it can be very challenging to secure a significant pain & suffering award. Conversely, claims involving lasting physical or mental trauma, prolonged medical care, and credible personal statements about the disruption to your work and family life can support this type of financial recovery.
We work with clients to substantiate all damages aggressively, guiding you to keep personal journals, gather strong third-party statements, and present detailed records of your experience. We also discuss statutory caps, such as those that might apply in claims against certain government entities, so you fully understand the range of possible compensation. Every injury is different, and our personalized advocacy means we tailor the strategy to your unique needs for the best chance of a fair recovery.
Does Accepting an Initial Settlement Offer Mean You Can Reopen Your Nevada Car Accident Case?
An initial insurance settlement offer is often presented as “just the beginning” or a good-faith attempt to resolve your claim quickly. This leads some accident victims to believe they can accept the offer and return for more compensation later if their injuries worsen. In Nevada, once a settlement agreement is signed and a release is executed, your claim is typically closed permanently. Exceptions are highly limited and generally arise only if there is clear evidence of fraud or misrepresentation on the part of the insurance company.
Insurers often make early offers before the full extent of your damages—such as long-term medical needs or lost wages—are clear. These first offers tend to be significantly lower than what your claim is truly worth, banking on the fact that financial stress or uncertainty might prompt early acceptance. If you sign a release, you almost always give up your right to pursue additional compensation for the same accident in the future, even if new injuries develop or complications arise.
That’s why, at Law Offices of Steven J. Klearman & Associates, we strongly encourage clients to consult us before agreeing to any settlement. We thoroughly evaluate the offer, review your treatment invoices, and project future costs to ensure you understand what is truly fair versus what is simply fast. Our analysis equips you to negotiate assertively and to avoid being left with expenses that should have been covered by the at-fault party’s insurance.
If You Have Pre-Existing Injuries, Does That Prevent You From Winning a Nevada Accident Claim?
Many Nevada drivers have pre-existing conditions or prior injuries, and insurance companies will often argue that current symptoms were present before the crash. However, Nevada law recognizes the legal principle known as the “eggshell plaintiff” rule. This means that if an accident worsens or aggravates a prior injury, the at-fault driver is still responsible for that aggravation. Having past medical issues does not disqualify you from seeking or receiving compensation for new or increased harm resulting from the accident.
The critical step is to distinguish between old and new symptoms and to assemble a clear medical timeline. Often, this involves working with both your regular doctors and independent specialists who can give credible assessments about how the accident affected your condition. Insurance companies sometimes take advantage of unclear or incomplete records, so providing detailed, consistent documentation is essential for supporting your claim.
Our approach at Law Offices of Steven J. Klearman & Associates involves careful analysis of your medical records before and after the accident, consultation with medical professionals, and creating persuasive case narratives to counter attempts to deny or undervalue legitimate claims. Don’t assume a previous injury will make it impossible to win your case. Many successful Nevada accident claims involve some history of medical problems, as long as you can demonstrate the new impact of the recent crash.
Do You Need to Go to Court to Win a Car Accident Claim in Nevada?
The prospect of facing a court case can be stressful for most accident victims, so it’s understandable why people worry about litigation. In practice, most Nevada car accident claims are resolved without a trial. The vast majority settle through direct negotiations with insurance adjusters or during mediation and settlement conferences. Litigation becomes necessary only if there is a serious dispute over fault or damages that cannot be settled through other channels.
Our experience shows that preparing every case for the possibility of court—even while working toward a settlement—produces better results. This involves gathering all evidence early, building a persuasive demand package, and maintaining open communication with insurers about your willingness to pursue your rights through the legal system if necessary. Many adjusters will increase their offers when they see that a thorough formal claim has been prepared.
If a fair settlement remains out of reach, we explain the court process, possible timelines, and risks in detail before moving forward. Each client receives customized advice based on their goals, comfort level, and the particular facts of the case. Our thorough, transparent approach ensures you can make informed decisions about how far to take your Nevada accident claim while keeping your best interests in focus.
Will Hiring a Lawyer Cost You Money Upfront or Lower Your Car Accident Settlement?
Myths about legal fees and the cost of working with an attorney keep far too many people from obtaining much-needed help after a Nevada car accident. At Law Offices of Steven J. Klearman & Associates, we offer free consultations and work exclusively on a contingency fee basis. This arrangement means you pay nothing upfront, and our payment comes only as a percentage of your final settlement or court award. There are no retainer fees, hourly rates, or hidden costs—aligning our goals with yours and giving you confidence that we’re invested in maximizing your result.
Many clients are surprised to find that, even after legal fees are paid, the net amount they receive with professional representation is frequently higher than what they could achieve alone. This is due to more detailed claim preparation, effective negotiation strategies, and a thorough understanding of Nevada’s accident laws and insurance practices. We make sure you understand the fee structure and how expenses are handled so that there are never surprises along the way.
We believe that your financial situation should never be a barrier to pursuing justice after a collision. By removing the need for upfront payment and explaining every step in plain language, we empower you to take action based on your rights, not your immediate ability to pay. Your focus should be on your recovery and well-being—not financial stress caused by legal bills.
What Immediate Steps Should You Take If Your Nevada Car Accident Claim Is Denied?
Receiving an insurance claim denial letter can feel like a major setback, but it does not mean your case is over. Nevada law protects your right to appeal or challenge an insurance company’s decision. The most important first step is to carefully review the insurer’s explanation to understand the specific reasons for denial—be it liability disputes, medical documentation concerns, or questions about policy coverage. Knowing where the company believes the case is weak helps you build the strongest possible response.
Insurance denials often result from missing or incomplete evidence, confusion about medical timelines, or misinterpretation of legal standards. You have the right to submit additional evidence, request a review, and provide further clarification from healthcare providers. In cases of wrongful denials or bad faith practices, Nevada residents can also seek help from the Nevada Division of Insurance or take legal steps to enforce their rights under state law.
Our process at Law Offices of Steven J. Klearman & Associates includes a line-by-line analysis of denial letters, gathering new evidence, fixing documentation gaps, and reopening productive dialogue with insurance companies. Acting quickly is critical, as there are deadlines to challenge or appeal denials. Even if your claim was turned down, there’s often a path to reversal or renegotiation—especially when you benefit from experienced professional guidance.
How Does Nevada’s Modified Comparative Fault Impact Your Right to Compensation?
Understanding Nevada’s modified comparative fault law is key to protecting your right to compensation after a crash. Under this rule, if you’re 50% or less at fault, you can recover damages, but your recovery is reduced by your own percentage of fault. If you are 51% or more at fault, you cannot collect damages from others. These rules are set out in Nevada Revised Statute 41.141 and are applied rigorously both in settlement discussions and, when necessary, in the courtroom.
Insurance companies are motivated to shift as much blame as possible onto you, since every percentage point reduces their payout. Documenting the events of your accident in detail—gathering photographs, witness statements, black box or dash cam data, and expert analyses—becomes crucial when percentages of fault are at issue. This is where legal assistance can make a significant difference in the outcome of your claim.
At Law Offices of Steven J. Klearman & Associates, we leverage every piece of available evidence to challenge unfair or inflated fault assessments. We educate clients about how comparative fault works and how it affects common accident scenarios, from multi-car collisions to pedestrian strikes. Armed with facts and documentation, you’re better positioned to negotiate a fair settlement and protect your right to meaningful compensation under Nevada law.
What Are the Most Common Misconceptions About Filing Accident Claims in Nevada?
Many Nevada drivers believe they must file their claim immediately or risk losing their ability to recover—when in fact, the state’s statute of limitations for most personal injury claims is two years. This window gives you time to assemble evidence, consider your medical prognosis, and weigh your long-term needs before deciding how to proceed. Another common error is assuming uninsured or underinsured drivers have no options, when in reality some protections are available through household policies or uninsured motorist coverage in Nevada.
Other myths we hear include the belief that only the driver can file a claim (in fact, injured passengers have rights too) or that minor accidents aren’t worth pursuing. Even if your injuries are mild or property damage seems slight, filing a well-documented claim can provide crucial support if health or financial issues develop later. It’s also untrue that all claims lead to invasive investigations—generally, only facts relevant to the accident and your injuries or losses are considered.
We make it a priority at Law Offices of Steven J. Klearman & Associates to address not just the legal elements of Nevada accident myths, but the real concerns and confusion clients bring to us every day. If you have questions that weren’t answered here, don’t hesitate to reach out at (775) 573-0229. Our commitment is to empower you with the knowledge and guidance you need to make informed decisions, and to pursue your rights under Nevada law with confidence and security.