Short answer
If another driver ran stop signs and hit your car in Nevada, start by getting medical care and a police report, preserve evidence and notify your insurer. You can pursue a third-party claim against the at-fault driver’s insurance or make a first-party claim (collision or uninsured/underinsured motorist). If you cannot reach a fair settlement, you may file a civil lawsuit. In Nevada, personal injury lawsuits generally must be filed within two years of the crash. See NRS 11.190(4)(e).
Detailed Answer
This section explains the practical steps to file a personal injury claim in Nevada after being hit by a driver who ran stop signs, and what to expect under Nevada law.
1) Immediate steps at the scene
- Call 911. Request medical assistance if anyone is injured and ask for a police officer to respond so the officer can prepare an official crash report.
- Protect evidence. Take photos of vehicle damage, the intersection (including stop signs and traffic controls), skid marks, traffic camera locations, and visible injuries.
- Collect witness information. Get names, phone numbers, and brief statements from any witnesses. Note the other driver’s name, license plate, insurance information, and vehicle description.
- Do not admit fault. Avoid statements like “I’m sorry” that an insurer could use against you when assigning responsibility.
2) Medical care and documentation
Seek prompt medical attention even if you feel OK. Some injuries show up later. Keep copies of all medical records, imaging, doctor notes, prescriptions, receipts, and a log describing symptoms and how your injuries affect daily life and work.
3) Report the crash to insurance
Notify your auto insurer promptly about the accident. You can also expect contact from the at-fault driver’s insurer. Be factual; don’t give recorded statements or sign settlements until you understand the scope of injuries and damages.
4) How a claim usually proceeds
- Open a claim with the at-fault driver’s liability carrier (a third-party claim).
- The insurer investigates: collects the police report, statements, photos, and medical records.
- You provide proof of damages: medical bills, vehicle repair estimates, lost-wage documentation, and other out-of-pocket costs.
- Negotiation and settlement: the insurer may make an offer. You can accept or negotiate further. If negotiations fail, you can file a civil lawsuit.
5) Filing a lawsuit and timing
If the insurer denies liability or offers an inadequate settlement, you may file a lawsuit in Nevada civil court. Most bodily injury actions must be filed within two years from the date of injury. See NRS 11.190(4)(e):
NRS 11.190(4)(e) — statute of limitations for personal injury
6) Fault and damages
Nevada reduces recovery by a plaintiff’s percentage of fault. If you bear some responsibility for the crash, your damages award or settlement will be lowered accordingly. Keep thorough evidence to show the other driver’s primary responsibility (traffic camera footage, police report, witness statements, photos of the stop sign violation, etc.).
For information on how Nevada handles comparative fault and liability among multiple parties, see relevant civil-liability provisions in the Nevada Revised Statutes.
7) When to consider hiring an attorney
Consider an attorney if:
- Your injuries are significant, long-term, or require surgery;
- Liability is disputed;
- Insurance offers are low compared to your documented damages;
- Multiple parties or serious property damage are involved.
An attorney can draft demand letters, negotiate with insurers, coordinate medical records, and, if needed, file suit and represent you in court.
8) Typical damages you can claim
- Medical expenses (past and expected future).
- Lost wages and loss of earning capacity.
- Pain and suffering and emotional distress.
- Property damage (vehicle repairs or fair market value).
- Miscellaneous out-of-pocket expenses.
9) Practical timeline
Expect a few weeks to months for a liability investigation and initial offers. Complex cases or litigation can take many months or years. Preserve evidence and medical records from day one to avoid delays that weaken your claim.
Legal disclaimer
This information is educational only and does not create an attorney-client relationship. This is not legal advice. For advice tailored to your situation, consult a licensed Nevada attorney.
Helpful Hints
- Request a copy of the police crash report early — adjusters rely on it for fault assessments.
- Take clear photos of the intersection from multiple angles; document the presence or absence of stop signs and any obstructions to view.
- Keep a written diary of symptoms, doctor visits, and how the injury affects daily activities — this supports non-economic damages like pain and suffering.
- Don’t sign medical release forms for an insurer without knowing what records the insurer will request; limit releases to specific providers when possible.
- Save all receipts (taxis, rental cars, medical co-pays) and bills — these are recoverable expenses in a successful claim.
- If possible, preserve your vehicle as evidence until the insurer inspects it. Photograph damage before repairs start.
- Act promptly — missing the statute of limitations can bar your lawsuit. See NRS 11.190(4)(e).
- If you are contacted by the other driver’s insurer, be polite but limit statements to facts. Tell them you are still gathering medical treatment records and will respond through your insurer or attorney.