If you’ve been injured in an accident, one of the first things you’ll need to do is file an insurance claim, either with your own insurance company or with the at-fault party’s insurer.
Insurance companies often refer to this process as first-party vs. third-party insurance. First-party insurance covers losses under your own policy, while third-party insurance pays for injuries and damages caused by someone else. This difference is especially important in Nevada, an at-fault state where the responsible party’s insurer is typically required to pay for medical bills, lost wages, and other losses.
In this guide, we answer the question “how does personal injury insurance work?”, breaking down how Nevada law applies to personal injury claims and what steps to take if an insurance company delays, disputes, or undervalues your claim.
Table of Contents
What Is First-Party Insurance Coverage?
First-party insurance coverage is the protection you purchase through your own insurance policy. A first-party claim is filed with your own insurer after an accident, allowing you to access benefits while fault is investigated.
Common Types of First-Party Coverage in Nevada
- MedPay
Covers medical treatment after a crash, regardless of fault. It helps with ER bills, diagnostics, and follow-up care, offering quick access to treatment. - Collision & Comprehensive
Collision coverage pays for damage to your vehicle caused by a crash. Comprehensive coverage covers theft, vandalism, fire, and other non-collision losses. Both help you repair or replace your vehicle without waiting for the at-fault driver’s insurer. - UM/UIM Coverage
Uninsured and underinsured motorist coverage is optional and protects you if the at-fault driver has no insurance or not enough coverage.
First-party coverage offers immediate support, covers out-of-pocket expenses early, and fills gaps while liability disputes are still pending.
What Is Third-Party Insurance Coverage?
A third-party car insurance claim is filed against the at-fault party’s insurer. This is the standard approach in Nevada’s at-fault system. For example, if a distracted driver rear-ends you, their insurer is responsible for your losses.
What Third-Party Insurance Covers
- Third-Party Bodily Injury Liability
Pays for medical bills, lost wages, pain and suffering, and long-term care related to your injuries. - Property Damage Liability
Covers repairs or replacement of your vehicle and damage to personal property.
Insurers often dispute fault, delay responses, or offer low settlements. Many injured people work with a personal injury lawyer to protect their rights and push claims forward.
First-Party vs. Third-Party Claims: Key Differences
The different types of personal injury insurance serve different purposes after an accident. The decision to file a first-party vs. third-party insurance claim depends on the specific circumstances of your case.
Here’s how to know what to file:
| First-Party Claim | Third-Party Claim | |
|---|---|---|
| Who files? | You file with your own insurer. | You file against the at-fault driver’s insurer. |
| Who pays? | Your insurance company. | The at-fault driver’s insurance company. |
| Covers? | MedPay, UM/UIM, collision, comprehensive. | Bodily injury and property damage. |
| Timeline | Usually faster; fault often irrelevant. | Longer; insurer investigates liability. |
| Complexity | Typically simpler, but disputes still occur. | More complex; higher chance of contested claims. |
| Common disputes | Coverage limits and medical necessity. | Fault, injury value, and repair costs. |
How Nevada Law Affects Personal Injury Insurance Claims
Nevada law governs how auto insurance claims are handled after an accident. As an at-fault state, the driver who caused the accident is generally responsible for paying damages. Working with a car accident lawyer or personal injury lawyer can help you navigate the process and protect your rights.
Here’s what to know about the personal injury claim process:
Filing Claims
- Usually involves a third-party claim with the at-fault driver’s insurer.
- If the at-fault driver has insufficient or no insurance, you may use first-party UM/UIM coverage under your own policy.
Insurance Minimums
In Nevada, drivers are required to carry minimum auto insurance coverage to protect others in the event of an accident:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $20,000 for property damage
These minimums cover damages to others only. For serious injuries to yourself or passengers, uninsured/underinsured motorist (UM/UIM) coverage may be necessary.
Optional Coverages
Optional insurance coverages—such as MedPay, UM/UIM, collision, and comprehensive coverage—can help you access medical treatment or vehicle repairs more quickly.
Comparative Negligence Rule
In Nevada, you can recover damages if you are less than 50% at fault. Your compensation is reduced in proportion to your share of fault.
For instance, if you are found 20% at fault in a car accident and the total damages are $10,000, you would receive $8,000.
Statute of Limitations
Per the statute of limitations in Nevada, you must file a claim within:
- 2 years for personal injury claims
- 3 years for property damage claims
What To Do if the Insurance Company Denies or Undervalues Your Claim
Insurance companies often delay, deny, or undervalue claims to limit what they pay out. This can happen in both first-party vs. third-party insurance cases, especially when injuries are serious or medical treatment is ongoing.
Insurers may:
- Dispute fault
- Question medical necessity
- Challenge the severity of your injuries
- Offer a settlement that doesn’t cover your full losses
These strategies are often used to slow the process and pressure you into accepting less than you deserve.
When To Involve a Lawyer
If the insurer is delaying payments, ignoring evidence, or offering a settlement that doesn’t reflect your medical bills and long-term needs, it’s time to consult a personal injury lawyer. An attorney can evaluate coverage, negotiate directly with the insurer, and pursue your case in court if necessary.
Naqvi Injury Law has a strong record of handling denied or undervalued claims for injured clients. Our experienced car accident lawyers gather evidence, counter insurer tactics, and work to secure full compensation for clients across Las Vegas, Henderson, and Summerlin.
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FAQs
What does third-party bodily injury cover?
Third-party bodily injury typically pays for medical bills, lost wages, and pain and suffering for the person injured by the at-fault driver.
What happens if the other driver is uninsured in Nevada?
If the at-fault driver is uninsured, you can use UM/UIM coverage through your own policy to recover your losses.
Can I file both a first-and third-party claim?
Yes. Many Nevada auto insurance claims use first-party coverage for immediate costs while pursuing a third-party claim for full compensation.
Can I still recover compensation if my own insurance denies coverage?
Yes. You may still recover compensation through a third-party personal injury claim or by challenging the denial with the help of an experienced personal injury lawyer.
Injured in a Nevada Accident? Let Naqvi Injury Law Help With Your Claim
Navigating first-party vs. third-party insurance claims can be overwhelming, especially when you’re dealing with medical appointments, vehicle repairs, and financial stress. Whether the issue is a denied claim, a low settlement offer, or an insurer that simply isn’t cooperating, you don’t have to handle it alone.
Naqvi Injury Law has helped thousands of injured Nevadans recover the compensation they deserve. Our firm knows how insurance companies operate, how to challenge unfair decisions, and how to build the strongest possible case for full recovery.
Why choose us?
- Free, no-obligation consultations
- No fees unless the firm wins your case
- Millions recovered for clients across Las Vegas, Henderson, and Summerlin
- A proven track record in both first- and third-party insurance disputes
If you’ve been injured and need help with your claim, reach out today. An experienced Las Vegas personal injury attorney can review your case, explain your options, and fight for the compensation you deserve.