How do car accident claims work in Nevada?
Las Vegas, NV – Under Nevada statutes, if you are involved in a car accident you must stop and exchange information with the other driver if the crash resulted in property damage, injury, or death. It is advisable to call the police as well. You will need the police report when filing a claim or lawsuit.
Steps to take after a car accident in Nevada
To make sure you can recover full damages for your injuries, you must follow the procedures. If you have sustained serious injuries and significant financial losses, you must contact reliable Nevada car accident lawyers as soon as possible.
Here’s what you have to do:
Notify the insurance company
Nevada is an at-fault state, so the other driver’s insurer will have to cover your damages. However, you must first notify your own insurance carrier. Next, you’ll have to notify the other party’s insurer.
In Nevada, the minimum auto insurance coverage drivers must carry is:
- $25,000 per person for bodily injuries or death
- $50,000 for two or more person’s bodily injuries or deaths
- $20,000 per accident for property damage
Understand how negligence laws work
Nevada follows the modified comparative negligence rule. This means that the insurance adjuster will have to determine who was responsible for the car accident and to what degree. It may be that both drivers were somewhat to blame, in which case the adjuster will assign a percentage of fault to each of them. If, for instance, you were distracted at the time of the crash, the adjuster may assign 20% of the blame to you. You can still get damages, but they will be reduced by 20%. On the other hand, if your fault is determined to be 51% or higher, you cannot recover any money.
You don’t want that to happen so it’s best to have experienced Nevada car accident lawyers fighting for your rights.
Be careful what you tell the insurance company
Put your attorneys in charge of all communications with the insurance company to avoid costly mistakes.
The insurance company representative may try to bully you into giving them a recorded statement. You are not required by law to do that. Keep in mind that anything you tell them about the crash can and most certainly will be used against you.
Also, do not sign a medical history waiver giving the insurer full access to your medical records. You are not required by law to do that and you shouldn’t. The reason they’re asking to see your medical records is to look for any pre-existing condition. If, for instance, you suffer from chronic back pain and happen to injure your spine during the crash, the insurer may argue that all your problems are caused by your pre-existing condition. Nothing to do with the fact that you hurt your back in the crash.
How long does it take to settle a car accident claim in Nevada?
The insurance company has 30 days to accept or deny your claim, but they may request additional time to investigate the crash. If they accept your claim, they must pay you within 30 days.
If you’re not happy with the settlement they offer you, your lawyers will help you sue the other driver and, maybe, the insurer as well. Remember that the insurer can only offer a settlement up to the driver’s maximum coverage. If the guy has minimum insurance, $25,000 may not cover your losses, so you’ll have to sue anyway.
