Accidents With State Government Vehicles

Accidents can be incredibly stressful and challenging to navigate, especially when they involve government vehicles. If you have been involved in an accident with a state vehicle in Nevada, it is important to understand your rights and the process for pursuing a claim.

Liability in Accidents Involving Government Vehicles in Nevada

Accidents involving government vehicles can be particularly challenging when it comes to pursuing claims for damages or injuries. In Nevada, sovereign immunity generally shields government entities from being sued without consent. However, the state has enacted the Nevada Tort Claims Act (NTCA) to allow for certain exceptions. Under the NTCA, individuals may pursue claims against the government for negligent or wrongful acts and property damage caused by the state or its employees. As a result, you have the right to file a claim for a car accident involving a government vehicle.

Claim Process for Accidents with State Government Vehicles

Notice

Individuals seeking to pursue a claim against the state must first file a formal notice of claim. This notice must be submitted within a specified time frame, typically within 180 days from the date of the incident. The notice should include details such as the nature of the claim, the date and location of the accident, the damages sought, and the names of the involved parties.

Investigation

Once the notice of claim is received, the responsible agency will conduct an investigation to assess the merits of the claim. This may involve reviewing evidence, interviewing witnesses, evaluating the extent of damages or injuries, and consulting with legal counsel to determine liability.

Negotiations

In some cases, the state may be open to negotiating a settlement to resolve the claim. Settlement negotiations involve discussions between you and the state’s representatives to reach a mutually agreeable resolution. Having an experienced Las Vegas accident attorney by your side can help protect your interests and maximize the chances of a fair settlement. If one cannot be reached, litigation may be necessary.

How Long Do I Have to File a Claim?

Nevada has a statute of limitations, which is a law that sets a deadline of two years within which a claim must be filed against the state. That time period will begin to run from the date of the accident with the government vehicle. If you miss the deadline, your claim will likely be denied, and you will lose your right to recover compensation.

Types of Compensation Available

When pursuing a government claim, the following types of compensation may be available:

• Medical Expenses: Compensation for past and future medical bills.
• Property Damage: Reimbursement for the repair or replacement of your vehicle and personal belongings.
• Lost Wages: Compensation for the income lost for missed workdays, reduced work hours, or a diminished earning capacity if you suffered a permanent impairment.
• Pain and Suffering: Compensation for physical pain, discomfort, and emotional distress caused by the incident and its aftermath.
• Loss of Consortium: If the injuries suffered in the incident have negatively impacted your relationship with your spouse or family members, compensation may be sought for the loss of companionship, support, or affection.

Punitive damages cannot be recovered in claims against the state. In addition, there is a cap on damages, which means you cannot recover more than $100,00.