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Nevada Injury and Workers' Comp Law Firm, Henderson Nevada
(702) 360-5000
Accepting New Passenger Injury Cases

Hurt As a Passenger in a Las Vegas Crash?

You were just riding along, and now you're the one in pain. Here's the part most people don't know: a passenger is almost never at fault, and you may have more than one insurance policy to claim from. Erik Severino has spent 20+ years taking on insurers and big corporations, and he gets riders paid for the bills and the harm they didn't cause.

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Why a Passenger Claim Is Different

As a Passenger, The Fault Question Is Usually Already Answered

When you're behind the wheel, the other side starts by asking what you did wrong. As a passenger, you almost never had your hands on anything. You weren't steering, braking, or choosing the lane. That single fact changes the whole case. The argument over who's to blame happens between the two drivers and their insurers, and you stand mostly outside of it.

That clean position is your advantage. On a crash along I-15 near the Spaghetti Bowl, or a rear ending on the 215 Beltway out by Green Valley, the drivers may point fingers for weeks. You don't have to wait for them to agree. You can pursue the driver who caused it, and if both share blame, you can pursue both. Under Nevada's modified comparative negligence rule, NRS 41.141, you can still recover as long as you're not found more than 50% at fault, and your share reduces the award. A passenger's share is usually zero.

What does trip passengers up isn't fault. It's coverage. People assume one policy pays and leave money on the table, or they hold back because the driver was a friend. Erik has spent more than 20 years taking on insurers and big corporations across Clark County, and the job is the same every time: find every policy that applies and make each one pay its share. Our main car accident page covers the basics that apply to any crash, and this page is about what's specific to riders.

More Than One Source of Recovery

You May Have Several Policies To Claim From, Not Just One

This is the part that separates a passenger case from a typical driver's claim. Because you weren't at the wheel, you can often look to more than one policy at the same time. Each crash is different, but here's where the money tends to come from.

  • The driver who caused the crash. If that's the other car, their liability coverage pays. If it's the driver of the car you were in, theirs does.
  • Both drivers, when they share fault. A two car wreck with shared blame can open two liability policies to you, while the insurers argue percentages between themselves.
  • Your own coverage. MedPay can pay early medical bills no matter who was at fault, and your uninsured and underinsured motorist coverage steps in when the at fault driver carried too little.
  • The coverage on the car you were riding in. As a passenger, the vehicle's own UM or MedPay can often apply to you even if it isn't your car.

Stacking these the right way is where the real value of a passenger claim shows up. An adjuster will rarely tell you about a second or third source, because every extra policy is more they pay. We map all of them at the start, then go after the order that gets you the most. If you were riding in a larger vehicle like a bus or a commercial truck, the policy limits are often much higher, which is worth knowing early.

Injured crash passenger receiving care during recovery in Las Vegas
Injuries Riders See Most

A Passenger Takes the Hit Without Bracing for It

Drivers usually see the crash coming and tense up. Passengers often don't, which is why a rider can be thrown harder and hurt worse even in the same wreck. Here's what brings most passengers to our door.

  • ✓Whiplash and neck strain
  • ✓Concussion and head injury
  • ✓Herniated and bulging discs
  • ✓Seat belt bruising and chest injury
  • ✓Broken wrists and arms
  • ✓Shoulder and collarbone fractures
  • ✓Knee and dashboard injuries
  • ✓Cuts and glass lacerations
"Smooth and professional process. Thank you Erik and your team for a more than flawless experience."
Joe B. Read this review on Google
What You Can Recover

What a Passenger Claim Can Cover

You didn't cause the crash, so you shouldn't carry the cost of it. A full claim reaches past the first ER bill.

Medical Bills

The ER trip, imaging, surgery, and the follow up care a doctor says you'll still need.

Lost Income

Paychecks you missed while you healed, and reduced earning power if you can't return to the same job.

Pain and Suffering

The physical pain, the lost sleep, and the things you can't do the way you used to.

Out of Pocket Costs

Prescriptions, mileage to appointments, and the help you had to hire while you recovered.

How the Insurer Plays It

The Tactics Adjusters Use On Riders

An adjuster can't blame you for the wreck, so they try other things. The most common one is to call fast, sound friendly, and offer a quick check before you know how hurt you are. That early offer is built to close your file cheap, and once you sign the release, the door shuts even if your neck gets worse next month.

They also lean on the relationship. When the driver was your friend or a relative, the adjuster may hint that a claim will hurt that person, hoping you'll back off. It usually won't. The claim runs against the policy, and the carrier already collected premiums to cover this. Another move is to point you at only one policy and stay quiet about the rest, so you never find out a second carrier owed you money.

The fix is the same in every case. Don't give a recorded statement before you've talked to a lawyer. Don't take the first number. Get your injuries documented and dated so there's a record when they claim you weren't really hurt. We handle the calls and the paperwork while you focus on healing. If your crash involved a rideshare driver, a drunk driver, or a driver who took off from the scene, the playbook shifts, and we adjust with it.

Attorney Erik Severino, Nevada Injury and Workers' Comp Law Firm
Erik Severino, Nevada Bar #10221
Why People Call Erik

You Work With the Attorney, Not a Call Center

A lot of firms hand you to a rotating cast of case managers and you never speak to the lawyer whose name is on the door. That's not how this works. Erik handles your case himself, from the first call to the final check, and he'll tell you straight whether the coverage adds up.

  • No Fee Unless We Win

    You pay nothing up front. Our fee comes out of the recovery, and we go over case costs with you before anything starts.

  • Available 24/7

    Crashes don't keep office hours. Call nights, weekends, and holidays. Hablamos Español.

  • Local to Henderson and Las Vegas

    We know the roads, the courts, and how the regional insurers operate. You can sit across a desk from your lawyer.

Protect Your Claim

Five Steps That Keep a Passenger Case Strong

You don't have to do all of this perfectly. Do what you can, and we'll handle the rest.

1

Get Checked Out

See a doctor the same day if you can. It protects your health and dates your injuries.

2

Get the Details

Note both drivers and their insurers, the police event number, and any witnesses.

3

Document the Scene

Photos of both cars, the road, and any visible injuries. Save the rideshare trip log if there was one.

4

Say Little to Adjusters

No recorded statement and no quick settlement before you've talked to a lawyer.

5

Talk to Erik

We find every policy that applies and deal with the insurers from day one.

Nevada Deadline: Two Years

Under NRS 11.190, you generally have two years from the crash to file an injury lawsuit. Claims involving a public bus or government vehicle carry a special claim procedure. Talk to us early so a deadline never decides your case for you.

"I WOULD DEFINITELY RECOMMEND ATTORNEY ERIK SEVERINO AND HIS TEAM VERY PROFESSIONAL, FRIENDLY AND KNOWLEDGEABLE. THANKS FOR ALL YOUR HELP ALSO TO MICHELLE HIS PARALEGAL WHICH WAS ALWAYS AVAILABLE TO ANSWER ANY QUESTIONS I WOULD HAVE AND MADE THE PROCESS SO MUCH EASIER. I WILL DEFINITELY KEEP THEM IN MIND FOR FUTURE NEEDS."
sonia M. Read this review on Google
Related Crash Situations

Find the Page That Fits How You Were Hurt

Every crash has its own fault questions and its own coverage. Start with the one that matches what happened to you.

Rear-end crashes Intersection T-bone collisions Uber and Lyft passengers Uninsured driver claims Drunk driving crashes Whiplash and neck injuries A child hurt in the car Multi-vehicle pileups Henderson car accidents About Erik Severino All injury cases
Questions Passengers Ask Us

Passenger Injury Questions, Answered Plainly

You can, and it matters less than people think that you know the driver. A passenger injury claim is filed against the at fault driver's insurance policy, not against your friend's wallet. The check comes from the insurer your friend already pays every month for exactly this reason. Most people never have to sue anyone in person. We can usually settle straight with the carrier, and your friend is rarely out of pocket at all. If you want to see how the broader process works, our car accident page walks through it.
It depends on who caused the crash. If the driver of your car was at fault, their liability coverage pays you. If the other driver caused it, theirs does. When both drivers share blame, you may have a claim against each policy, which is one reason passenger cases can reach more money than the driver's own claim. On top of that, your own MedPay or uninsured and underinsured motorist coverage can step in. We sort out the order and chase every layer.
That's often good news for a passenger. You almost certainly didn't cause the wreck, so Nevada's modified comparative negligence rule under NRS 41.141 rarely cuts your recovery. Under that rule you can recover as long as you're not more than 50% at fault, and a passenger's share is almost always zero. When two drivers each carry a share of the blame, you can pursue both policies and let the insurers fight over their percentages between themselves. We put your full losses on the table and make each carrier answer for its portion.
It doesn't have to. A claim runs against the insurance policy, not the person, and the driver's job is mostly to confirm what happened to their carrier. Premiums are set by the insurer's own rules, and your honest claim is not what decides them. We handle the contact with the adjuster so you and your friend or family member aren't stuck negotiating money between yourselves. Most clients tell us the relationship is fine once they understand how the coverage actually works.
The injuries are the same, but the coverage is often bigger. Nevada requires rideshare companies to carry tiered insurance based on what the app was doing. Once a driver has accepted a ride and is carrying you to your destination, at least 1 million dollars in combined coverage applies under NRS 690B.470. Which tier applies depends on the facts, so the available coverage in your case is worth confirming. The trip log and app records also give us solid proof of when and where it happened. We handle these on our rideshare crash page, so start there if you were riding with Uber or Lyft when you were hurt.
Generally two years from the date of the crash for most injury claims, under NRS 11.190. Miss that deadline and you can lose the right to recover. It sounds like plenty, but footage from nearby cameras gets recorded over, the cars get repaired or scrapped, and people's memories fade. The sooner we start, the more evidence we can lock down. If a public bus or a government vehicle was involved, a special claim procedure applies, so don't sit on those.
You may still have a path. If the other driver caused it, their policy pays you. If nobody who caused the crash carried enough coverage, your own uninsured and underinsured motorist coverage can fill the gap, and as a passenger you can often use the policy on the car you were riding in or your own. It's worth a call to map out every source. See our uninsured motorist page for how that coverage works.
See one anyway, ideally the same day. Adrenaline hides pain, and whiplash, concussions, and disc injuries often show up a day or two later. A gap between the crash and your first visit is the first thing an adjuster points to when they argue you weren't really hurt. If your main complaint is neck pain, our whiplash page explains why those injuries are real even when the X ray looks clean.
Nothing up front. We work on contingency, so our fee is a percentage of what we recover, and if we don't win, you don't owe a fee. We go over case costs and expenses with you in plain language before anything starts, so there are no surprises later. The first conversation is free and confidential. You can reach Erik at (702) 360-5000.
A Las Vegas or Henderson crash that goes to court is filed in the Eighth Judicial District Court, the general trial court for Clark County, at the Regional Justice Center downtown. The large majority of passenger claims settle long before that, because the liability is usually clear and the carriers know it. We still prepare every file as if it's headed to a courtroom, since that's what makes an insurer take your number seriously.
It can be. If you were taken to a Las Vegas trauma center like UMC or Sunrise after the crash, the hospital may place a lien on your injury recovery for the bill. In Nevada, that lien is only valid if the hospital records and serves it before you're paid, and it can't reach your attorney's fees. When you may qualify for Medicaid, Medicare, or CHIP, the hospital's lien recovery is capped at 55 percent. We check every lien for validity and negotiate it down so more of the settlement stays with you.
Nevada lets a driver get on the road with as little as 25,000 dollars for bodily injury or death of one person and 50,000 dollars per crash when two or more people are hurt, plus 20,000 dollars for property damage, the 25/50/20 floor under NRS 485.185. A passenger thrown around in a hard hit can run past that with one surgery or a few months of therapy. This is where riders have an edge: when the at-fault policy runs dry, the uninsured and underinsured motorist coverage on your own policy, and often the coverage on the car you were riding in, can pick up the rest. We line up every layer that might reach you. Our uninsured motorist page walks through how that coverage works.

Talk to Erik About Your Passenger Claim

Tell us what happened. We'll tell you, honestly, which policies you can claim from and what your case would take to handle. No pressure, no cost, no obligation.

No fee unless we win your case
Free, confidential review, 24/7
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Attorney Erik Severino, Nevada Injury and Workers' Comp Law Firm
Reviewed by

Erik Severino, Attorney at Law

Licensed in Nevada since 2006 (State Bar of Nevada #10221). More than 20 years representing Nevadans against banks, insurers, and large corporations. Every client works directly with Erik, not a rotating cast of case managers.

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