By Jaklin Sookiassian · October 28, 2026
If you were hurt as a passenger in a Nevada car accident, you can usually file a claim against the insurance of whichever driver caused the crash, whether that's the driver you rode with, the other driver, or both. Your own uninsured or underinsured motorist coverage may also help if their insurance isn't enough.
The Sookiassian Firm is a Las Vegas personal injury and business law firm in Downtown Summerlin. Attorney Jaklin Sookiassian is licensed in Nevada and New York. We speak English, Armenian, Russian, and Farsi (Persian).
Passengers and fault
When you ride in someone else's car, you are not the one driving. You don't control the speed, the lane changes, or the brakes. So in many passenger claims, the main question is not what you did. It is which driver caused the crash, or whether both did.
That might be the friend who drove you home after dinner. It might be the driver who ran a red light and hit the car you were in. Sometimes it is both of them.
Fault can still come up, for example if an insurer argues you distracted the driver. If it does, Nevada uses a comparative fault rule. You can recover compensation even if you were partially at fault — as long as your share of fault is 50 percent or less. Your recovery will be reduced by your percentage of fault. Our post on comparative negligence in Nevada explains how this works.
Insurers sometimes ask whether a passenger was wearing a seatbelt. In Nevada, not wearing a required seatbelt may not be considered as negligence or as causation in a civil case (NRS 484D.495(4)). Still, buckle up on every ride.
Whose insurance pays a passenger's claim?
A passenger may have more than one source of coverage. Which one applies depends on who caused the crash and what each policy says. Common sources include:
- The driver you rode with. If that driver caused the crash, their liability coverage is usually the first place to look.
- The other driver. If the other driver caused the crash, their liability coverage usually applies.
- Both drivers. When fault is shared, you may be able to claim against both policies.
- Your own policy or a household member's policy. Depending on its terms, it may include uninsured or underinsured motorist (UM/UIM) coverage or medical payments (med-pay) coverage.
Nevada requires owners of vehicles registered in Nevada to carry liability coverage of at least $25,000 for injury to one person, $50,000 for injuries to two or more people in one crash, and $20,000 for property damage (NRS 485.185). Those limits can run out quickly after a serious injury. That is when your own uninsured and underinsured motorist coverage may matter. Nevada insurers must offer UM/UIM coverage, but a policyholder can turn it down, so check your declarations page (NRS 687B.145).
To learn what a claim can include, such as medical bills and lost income, see our guide to personal injury damages in Nevada.
Can I make a claim against the driver I was riding with?
Often, yes. Nevada does not have a law that bars passengers from making injury claims against the driver who gave them a ride.
Many people worry about this step. The driver may be a close friend, a neighbor, or a relative. You may not want to cause them trouble.
Here is what helps to know. A claim against the driver you rode with is usually made through their insurance. In most cases, the driver's insurer handles the claim, and any payment up to the policy limits comes from the insurer rather than the driver's own savings. That is why drivers carry liability coverage.
Every case is different, and no outcome is certain. Talking with a lawyer can help you understand your options before you decide.
When the driver is a family member or spouse
Things can be different when the driver is your spouse, your parent, or someone who lives in your home. Some auto policies have household or family-member exclusions. These clauses may limit coverage for relatives who live with the policyholder. Whether one applies depends on the policy wording and Nevada law.
Don't assume you have no claim. Ask the driver for a copy of their policy declarations page. It lists the coverages and limits. Also check your own policy, since UM/UIM or med-pay may apply depending on its terms.
What if more than one car was involved?
Some crashes involve three or more cars. When that happens, each driver's insurer may point at the others.
As a passenger, you were not driving any of those cars. You may be able to claim against more than one policy at the same time.
The police report is a key record. In Las Vegas, crashes are usually handled by the Las Vegas Metropolitan Police Department (LVMPD). On highways, the Nevada Highway Patrol may respond. In Henderson, the Henderson Police Department usually takes the report. Get the report number at the scene if you can.
When several drivers share fault, sorting out a claim takes more work. Our post on how much a car accident case may be worth in Nevada covers the factors that can affect value.
If you were an Uber or Lyft passenger
Rideshare claims follow their own rules. Coverage depends on the driver's status in the app at the time of the crash. From the time the driver accepts a ride request until the passenger gets out, Nevada law requires at least $1,000,000 in liability coverage (NRS 690B.470). Read more about Uber or Lyft passenger claims, or visit our rideshare accident lawyer page. Bus, taxi, and limousine passengers face different rules that this post does not cover.
Child passengers
Children ride as passengers all the time, to school, to practice, and to family events. If a child is hurt, a parent or guardian usually handles the claim for them.
Claims for children can have an extra step. In Nevada, a settlement of a child's disputed claim isn't final until a district court approves it (NRS 41.200). This step is meant to protect the child.
Have your child checked by a doctor, even if they seem fine. Keep the medical records, school absence notes, and simple notes on how the injury affects daily life.
What passengers should keep
Passengers often have less information than the drivers. The drivers swap insurance details, and the passenger can get left out. Start gathering these as soon as you can:
- Police report number
- Names, insurance companies, and policy numbers for every driver and car
- Photos of the cars, the scene, and your injuries
- Medical records and bills
- Records of missed work and lost pay
- Texts or messages with the driver you rode with
- Names and phone numbers of witnesses
For the full list of steps, see what to do after a car accident in Las Vegas.
Deadline
In Nevada, you generally have two years from the date of the injury to file a personal injury lawsuit (NRS 11.190(4)(e)).
Claims against government entities are subject to special procedural rules and notice requirements under Nevada law. That can matter if a city or county vehicle was involved in your crash.
Learn more in our guide to the Nevada statute of limitations for personal injury.
Frequently asked questions
Can a passenger sue the driver they were riding with in Nevada?
Often, yes. A passenger can usually make a claim against the driver they rode with if that driver caused the crash. In most cases, the claim is handled through the driver's insurance.
Does my own car insurance cover me as a passenger?
It may. It depends on your policy terms. If your policy includes uninsured or underinsured motorist (UM/UIM) coverage or medical payments (med-pay) coverage, it may help even though you were riding in someone else's car. A household member's policy may also apply. Check your declarations page.
What if the driver who caused the crash had no insurance?
You may be able to use uninsured motorist (UM) coverage. It can come from your own policy or a household member's policy, depending on its terms. The section above on whose insurance pays explains how UM/UIM fits with other sources.
How much does it cost to talk to a lawyer?
We handle personal injury cases on a contingency fee basis, which means our fee is a percentage of any recovery. If there is no recovery, you owe no attorney's fee. You may still be responsible for case costs, and in some cases a client may be liable for the opposing party's fees and costs if the case is lost.
Do I have to give a recorded statement to the other driver's insurer?
Talk with The Sookiassian Firm
If you were hurt as a passenger, call The Sookiassian Firm at (702) 518-8584. We are open 8 AM to 6 PM, seven days a week, serving Las Vegas, Henderson, and Clark County from our Downtown Summerlin office at 1980 Festival Plaza Dr, Suite 460, Las Vegas, NV 89135.
We provide personalized attention to every client. Learn more on our Las Vegas car accident lawyer page, or contact us online.
No attorney's fee unless we recover compensation for you. You may still be responsible for costs.
This post is for general informational purposes only and does not constitute legal advice. It is not intended as specific legal advice for any individual case or situation. See our Terms of Service & Attorney Disclaimer.
Attorney Jaklin Sookiassian is responsible for the content of this website. The Sookiassian Firm, 1980 Festival Plaza Dr, Suite 460, Las Vegas, NV 89135.
Jaklin Sookiassian
Jaklin Sookiassian is the founding attorney of The Sookiassian Firm, a Las Vegas personal injury and business law practice. She is admitted to the Nevada and New York bars and spent 2 years at Fried Frank, an AmLaw 100 firm in New York, where she practiced corporate finance. Learn more about Jaklin.