Nevada · Comparative fault · Updated Oct 2026

Comparative fault in Nevada: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Nevada, the law behind it and how insurers apply it.

Short answer

In Nevada, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault or more
Law
NRS 41.141 — you can recover if your share of fault is not greater than the other side's; your damages are cut by your share
Insurance system
Fault (tort)

Insurance and small claims in Nevada

No PIP is required. The driver who caused the crash (and their liability insurance) pays for other people's injuries and damage.

Small claims limit for car damage in Nevada: $10,000 for people and businesses, money only. Nevada small claims guide on Small Claims Map

How fast an insurer must handle a claim in Nevada

  • NRS 690B.012: your own insurer must approve or deny a casualty claim within 30 days after it gets the claim, and pay within 30 days after approval, or pay interest.
  • If it needs more information or time, it must tell you within 20 days and every 30 days after that.
  • NRS 686A.310 lists unfair claim practices, such as not acknowledging claims promptly or not settling fairly when liability is reasonably clear.

If the insurer says you were partly at fault

  1. Get the police report. For crashes worked by the Nevada Highway Patrol, request the report online through the NHP Crash Report Request page (it links to CRASHDOCS.org). Reporting a crash in Nevada and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Nevada Division of Insurance, Consumer Services Section.
  4. Sue before the deadline: 3 years for property damage and 2 years for injury. Deadlines to sue in Nevada, with the calculator

Who pays in Nevada: fault and payout explainer

Modified comparative fault (51% bar)In Nevada, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Free help in Nevada

Questions about comparative fault in Nevada

Is Nevada a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. NRS 41.141 — you can recover if your share of fault is not greater than the other side's; your damages are cut by your share.

Where can I complain if an insurer blames me unfairly in Nevada?

Nevada Division of Insurance, Consumer Services Section: https://doi.nv.gov/Consumers/File-A-Complaint/ · (888) 872-3234

How fast must an insurer handle a car insurance claim in Nevada?

NRS 690B.012: your own insurer must approve or deny a casualty claim within 30 days after it gets the claim, and pay within 30 days after approval, or pay interest. If it needs more information or time, it must tell you within 20 days and every 30 days after that.

How do I get the police report in Nevada?

For crashes worked by the Nevada Highway Patrol, request the report online through the NHP Crash Report Request page (it links to CRASHDOCS.org). You need the crash number (starts with "NHP"), a last name and the crash date. Reports are ready 7-14 days after the crash and cost $10. Fatal crash reports and photos ($5) come from the NHP regional offices. For crashes worked by a city police department or sheriff (for example Las Vegas Metro), ask that agency. Official page: https://nhp.nv.gov/crashes-citations/crash-report-request/

More for Nevada drivers

Nearby states

Sources

Last checked: Oct 24, 2026.