Rental Car or Tourist Crash in Las Vegas: How Claims Work

Las Vegas runs on visitors, and many of them drive rental cars on streets they do not know. Sometimes a local gets hit by a tourist. Sometimes the tourist gets hit and flies home with an injury and an open claim. Nevada law covers both.

Who pays when a renter causes a crash in Las Vegas?

Usually the renter's own insurance, plus any liability coverage the renter bought at the rental counter. Nevada is an at-fault state, so the driver who caused the crash is responsible. The rental company is not automatically liable just because it owns the car.

Nevada requires liability insurance for tort liabilities of at least $25,000 for injury or death of one person, $50,000 for injury or death of two or more people, and $20,000 for property damage in any one crash (NRS 485.185). Many renters rely on the auto policy they carry at home. Whether that policy follows them into a rental car depends on its terms. Other renters buy liability coverage at the counter. The rental agreement and the renter's declarations page show which policies are in play.

When is the rental company itself liable?

Only in one situation. Under NRS 482.305(1), a rental company that has not insured its renter at the 25/50/20 minimums is jointly and severally liable with the renter for damages caused by the renter's negligence. Joint and several liability means you can collect the full amount from either one.

If the company did provide that coverage, the court dismisses the company from the case after a preliminary hearing (NRS 482.305(4)). So the first question in any rental car claim is simple: did the rental company insure this renter, and at what limits?

Can a rental company make you buy its insurance?

Not the damage waiver or optional coverage. Under NRS 482.31565, a rental company may require proof that you carry insurance meeting Nevada's minimums, may sell you a temporary policy or refer you to a third party, or may refuse to rent to you. It may not require you to buy a damage waiver or optional insurance as a condition of renting.

Keep the rental agreement and proof of any coverage you bought. That paperwork often decides which insurer pays first.

What if you are the tourist who got hit?

You have the same rights as a Nevada resident. Your claim runs against the at-fault driver and that driver's insurer, and your own policy from home may add coverage. You do not need to stay in Las Vegas to pursue it.

Before you fly home

• Get the name of the police agency that responded and the report or event number.
• Photograph both vehicles, the plates, the scene, and your injuries.
• Write down the other driver's name, insurer, and policy number. If the other driver was also in a rental, note the rental company.
• Get checked by a doctor before you travel if you have any pain, dizziness, or numbness.
• Do not give a recorded statement to the other driver's insurer until you understand your claim. Our guide on recorded statements to insurance adjusters explains why.

Treating at home

Follow up with your own doctors once you are home and tell them the injury came from a crash in Las Vegas. Insurers look closely at gaps in treatment, so keep appointments and keep copies of records and bills.

Keep every receipt

Save proof of every cost the crash caused: changed flights, extra hotel nights, rides, prescriptions, and time missed from work. Receipts are how you prove out-of-pocket losses.

Check your own policy

Your policy from home may include uninsured or underinsured motorist coverage or medical payments coverage. Read your declarations page.

How do you sue a driver who lives in another state?

Through the Nevada DMV. Under NRS 14.070, anyone who drives on Nevada roads makes the DMV Director their agent to receive service of a lawsuit arising from that driving. The plaintiff leaves the papers and a $5 fee with the Director and sends a copy to the defendant by registered or certified mail.

The same statute covers Nevada residents who leave the state or cannot be found in Nevada after a crash (NRS 14.070(6)). A driver who flew home to another state can still be brought into a Nevada court.

The narrow rule for renters from outside the United States

NRS 14.075 adds one more path, and it is narrow. It applies only when the renter is not a resident of the United States and bought liability insurance from the rental company acting as agent for an insurer. In that case, the rental company must accept service for the renter and forward the papers within 30 days. It is not a general right to serve a rental company on behalf of any renter.

Which state's law applies to a Las Vegas crash?

Nevada's traffic laws govern how every driver on Nevada roads had to drive, wherever they live. For a crash on Nevada roads, we build the injury claim around Nevada's rules and deadlines. When a driver or an insurance policy comes from another state, some questions, such as what an out-of-state policy covers, can be governed by that state's law.

Nevada's fault rule is comparative negligence. Under NRS 41.141, you can recover as long as your share of fault is not greater than the combined fault of the drivers you are suing, and your damages are reduced by your percentage. Our article on Nevada comparative negligence walks through how that works.

How long do you have to file?

Two years from the crash for an injury lawsuit (NRS 11.190(4)(e)). Claims for damage to personal property, such as your own vehicle, have 3 years (NRS 11.190(3)(c)). Living in another state does not pause either deadline.

The practical deadline is shorter. Rental cars are repaired and rented again, witnesses go home, and business video gets recorded over.

How do visitors get the crash report?

It depends on which agency responded. LVMPD handles the City of Las Vegas and unincorporated Clark County, including the Strip. The Nevada Highway Patrol handles freeway crashes, and Henderson and North Las Vegas police their own cities.

LVMPD reports can be requested online, by mail, or in person. The fee is $13, and LVMPD says to plan for 3 to 4 weeks. Our Las Vegas car accident report guide covers each agency step by step.

If no police officer investigated, a driver in a crash that caused injury, death, or apparent damage of $750 or more must file an SR-1 report with the Nevada DMV within 10 days (NRS 484E.070). The exception applies only when a police officer investigated and the report lists each driver's insurer, policy number, and coverage dates. Hotel or casino security is not a police officer. If your crash happened in a rideshare on or near the Strip, see our Las Vegas Strip rideshare accident guide.

Do you need a Nevada lawyer if you live out of state?

If you plan to file a lawsuit in Nevada, yes. The case belongs in a Nevada court and needs a lawyer licensed here. A Las Vegas car accident lawyer can handle the insurance claim, the evidence, and service on the other driver while you recover at home.

At Sellouk Law, you work directly with Roey Sellouk. He worked in insurance defense on the carrier side before founding the firm, so he knows how insurers value tourist and rental car claims. No attorney fees unless we recover for you. Court costs and litigation expenses may apply.

Frequently Asked Questions

Does the rental company's insurance cover the other driver's injuries?

Only if coverage was bought or required. If the renter bought liability coverage at the counter, that policy can pay claims against the renter within its limits. If the company failed to insure the renter at Nevada's minimums, NRS 482.305 makes the company jointly and severally liable with the renter.

Can I file a claim if the tourist who hit me already went home?

Yes. The insurance claim does not depend on where the driver lives. If a lawsuit is needed, Nevada lets you serve an out-of-state driver through the DMV Director under NRS 14.070.

Do I have to come back to Las Vegas for my case?

Not for most of the claim process. Medical care, paperwork, and negotiation can happen from home. If a case goes into litigation, depositions and trial may require your presence, and your attorney will tell you when.

What if the driver who hit me was a visitor from another country?

If that renter is not a U.S. resident and bought liability insurance from the rental company, NRS 14.075 requires the rental company to accept service for the renter and forward the papers within 30 days. Other cases follow the general rules.

Who pays for damage to the rental car I was driving?

If another driver caused the crash, that driver's property damage liability coverage is the first place to look. Nevada requires at least $20,000 of it per crash. What you owe the rental company depends on your rental agreement and any coverage you bought.

See also: what to do after a car accident in Las Vegas and how comparative negligence works in Nevada.