Nevada is not a no-fault state for auto insurance, but is actually one of the 38 states in the country where the person who causes a car accident must pay for the damage and injuries. When an accident occurs, the police will typically be the determining factor in who’s at fault.
In order to collect payment for any losses, victims must file a claim with the at-fault driver’s insurance company. The state requires all drivers to carry minimum amounts of liability insurance, which will pay for a victim’s property damage, medical bills, and lost income, but only up to the policyholder’s limits.
All drivers are required to carry minimum liability car insurance, even though Nevada is not a no-fault state. To adhere to this requirement, drivers must have the minimum amounts, or what is known as 25/50/20 in Nevada. This breaks down into $25,000 for bodily injury liability per person, $50,000 for total bodily injury liability, and $25,000 for property damage.
Additional coverage to protect you if you cause an accident is optional, but liability coverage will provide compensation for another party’s losses.
A fault system determines the party that pays for the losses which result from a car accident. Whereas, in a no-fault state, a victim must first file a claim with their own car insurance company to recover compensation. In order to file an accident claim against the at-fault driver, there are typically certain thresholds a claim must meet before a victim can step outside the confines of no-fault law, such as serious personal injury or a monetary threshold.
As an at-fault state, Nevada does not require you file a claim with your own auto insurance company before pursuing a third-party claim against the responsible driver’s insurer. However, car insurance companies are similar to any other businesses, in that they don’t turn a profit by offering large awards to settle your claim. For this reason, you need a skilled car accident lawyer in Las Vegas to protect your interests.
Having an experienced personal injury attorney in Las Vegas representing you if you’ve been injured in a car accident that was due to the negligence of another, will increase your chances of obtaining a full and fair settlement. A lawyer will have the resources and a team that can conduct a thorough investigation into the facts surrounding the collision, while also taking care to document the extent of your injuries and other damages. This can be completed by collecting your medical records, bills, police report, and other employment or financial records on your behalf.
With all of this information, your lawyer will be able to assess the value of your accident claim and help you avoid accepting a less than fair settlement offer. If settlement negotiations don’t result in an amount sufficient to cover your damages, your attorney will fight your case in court.
If your portion of the fault does not exceed 50 percent, you may still be able to win compensation. However, your damages will be reduced by your own percentage of negligence. If your amount of liability is 51 percent or more, you will be unable to obtain compensation from the other involved party, due to Nevada’s modified comparative negligence law (Section 41.141 of the Nevada Revised Statutes).
If you have been injured in an auto accident and have questions about recovering compensation through a personal injury lawsuit, contact Harris & Harris Injury Lawyers online or at (702) 384-1414. We will evaluate your case and discuss your legal options in a free consultation.
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