Detailed Answer
Under Nevada law, determining which insurer covered the at-fault driver involves several key steps. Follow these methods to identify the correct insurer at the time of the accident:
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Obtain the Official Police Accident Report:
When an accident occurs, the responding officer completes a written report. Pursuant to NRS 484B.280, this report normally lists the at-fault driver’s insurance company, policy number, agent name and contact details. You can request a certified copy from the Nevada Department of Public Safety Records Section (DPS Records) by submitting a written application, a small fee and proof of identity.
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Request a DMV Certificate of Financial Responsibility:
Under NRS 485.185, all Nevada vehicle owners must file proof of liability insurance before registering their vehicles. The Department of Motor Vehicles (DMV) maintains a database of these filings. By submitting a written request—typically including the vehicle’s VIN or license plate number—and paying a nominal fee, you can obtain a copy of the Certificate of Financial Responsibility showing the insurer’s name and policy dates.
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Use Civil Discovery and Subpoena Power:
If you file a personal injury lawsuit, the Nevada Rules of Civil Procedure provide tools to obtain insurance information. Under Rule 16.1, you can serve interrogatories asking the at-fault driver to identify all insurers with potential coverage. Under Rule 34, you can request production of the actual insurance policy. If opposing counsel fails to comply, you may issue a subpoena duces tecum to compel document production.
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Check Policy Cancellation and Change Notices:
Nevada law requires insurers to notify the DMV of policy cancellations, terminations or changes within 30 days under NRS 690B.085. Although this won’t immediately identify a single insurer, reviewing cancellation and reinstatement data can narrow your search, particularly where multiple policies overlap the accident date.
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Contact Your Insurance Company’s Subrogation Department:
If you reported the accident to your own carrier, their subrogation division often investigates the at-fault driver’s coverage. They may already have identified the responsible insurer through their own claims process.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed Nevada attorney for advice tailored to your specific circumstances.
Helpful Hints
- Request the police report as soon as possible to capture accurate insurance data.
- Include the full vehicle identification number (VIN) or license plate in all DMV requests.
- Keep copies of all correspondence and record request receipts.
- Use clear, narrowly tailored discovery requests if you proceed to litigation.
- Consider hiring a licensed private investigator for hard-to-track vehicles or drivers.