What the Other Driver Can Do After a Minor Parking Lot Collision

Attorney Answer

She can sue you in civil court for the damage to her car, and she does not need your insurance information to do it — she already has your name from your license. What she cannot do is collect $1,500 simply because an estimate says $1,500.

The governing law. Nevada applies modified comparative negligence under NRS 41.141. The comparative negligence of the plaintiff does not bar a recovery if that negligence was not greater than the negligence of the parties against whom recovery is sought, and any recovery is reduced in proportion to her own share of fault. Read that against your facts: you were both backing at the same time. If a court finds you each half responsible, her recovery drops by half. If it finds she was more at fault than you, she recovers nothing.

NRS 11.190(3)(c) gives her three years from the date of the collision to bring a claim for injury to personal property. So this can sit quiet for a long time and still come back.

An estimate is a request, not a measure of damages. She has to prove what the repair actually and reasonably costs. A three-inch surface scratch and a $1,500 body-shop estimate are a long way apart, and a court will want to see the damage, photographs, and more than one quote.

One thing worth thinking hard about. You said you do not want to contact your insurer. Most auto policies require you to report an accident promptly and to cooperate with the insurer. If she sues and you have never reported it, your insurer may argue late notice prejudiced them, and you can end up defending the case and paying any judgment yourself — which is the outcome you were trying to avoid. Reporting a claim is not the same as filing one, and it is usually the cheaper mistake.

What you can do

1. Photograph her scratch and your bumper today, if you have not already, and photograph the parking spaces and their layout. 2. Write down your own account while it is fresh: which of you began backing first, how far each car had traveled, and whether you saw her. 3. Report the incident to your own insurer as an incident. Ask specifically whether reporting alone affects your rates in Nevada. 4. Do not admit fault in writing, and stop offering to pay out of pocket — your earlier offer was decent but she is now treating it as a floor. 5. If you choose to settle, pay only against a signed written release of all claims arising from the collision, and pay the shop directly rather than handing over cash. 6. If she files in small claims, show up with your photos and at least one competing repair quote. Not appearing is how a disputed $1,500 becomes an entered judgment.

⏱ Time limits apply. Under NRS 11.190(3)(c) she has three years from the collision to sue for the damage to her vehicle. Whether that period has been affected by anything specific to your situation depends on your facts. Separately, if you are ever served with court papers, the deadline to respond is on the papers themselves and is far shorter — missing it can cost you the case without a hearing.