An Injured Back-Seat Passenger's Claim in Nevada

Attorney Answer

As a passenger, you are in the strongest position of anyone in that car. You almost certainly did nothing to cause the crash, which means your recovery is not reduced by fault — and you can pursue whichever driver was responsible, including the driver of the car you were riding in.

The governing law. NRS 41.141 governs how fault is apportioned when more than one driver caused a collision, and it operates on the plaintiff's own comparative negligence. A passenger with no fault of their own takes no reduction. That is the practical answer to the question passengers ask most often: no, being in the back seat does not make this partly your problem.

It also means you do not have to work out which driver was at fault before you make a claim. If fault is disputed between the two drivers, that is a fight between them and their insurers. You can put both on notice.

NRS 11.190(4)(e) gives you two years for an action to recover damages for injuries to a person caused by the wrongful act or neglect of another. Two years sounds long. It is not, in a case where you are still treating and the insurers are still arguing about who is responsible.

One thing passengers often do not realize: if the driver of the car you were in was at fault, the claim runs against that driver's liability insurance, not against the person. That is what the coverage exists for. It is an uncomfortable conversation if the driver was a friend or a family member, and it is still the correct claim to make.

What you can do

1. Get the police report or exchange information for the crash, including both drivers' insurance carriers and policy numbers. 2. See a doctor now if you have not, and tell them the visit is for injuries from a motor vehicle collision. Gaps in treatment are the single most common reason passenger claims get devalued. 3. Photograph your injuries and both vehicles, and keep the photos with their original dates. 4. Notify both drivers' insurers in writing that you were an injured passenger. Do not give a recorded statement to the other driver's insurer before you have spoken to a lawyer. 5. Check whether you have your own auto policy, or live with someone who does — medical payments coverage and uninsured/underinsured coverage can apply to you as a passenger in someone else's car. 6. Keep every bill, every out-of-pocket receipt, and a record of missed work. 7. Do not sign a release or accept a quick settlement while you are still treating. Once you sign, the claim is over even if you need surgery later.

⏱ Time limits apply. NRS 11.190(4)(e) sets a two-year period for personal-injury claims. When that period started, and whether anything in your circumstances affects it, depends on your specific facts — including your age at the time of the crash. Do not let insurance negotiations run the clock down.