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Determining Fault in Nevada Car Accident Claims

When it comes to laws and insurance regarding auto accidents, every state has its own unique ones, and Nevada is no exception. These laws determine how accident damages and injuries should be paid and the expanse each party gets to cover. In Nevada Car Accident Claims, those people who have met the accident need to be guided appropriately about the laws that apply to their situation to avoid any false claim and get the right amount for compensation.

Legal Obligations for Drivers Filing Nevada Car Accident Claims:

Laws in Nevada require drivers to take specific steps immediately after they face an accident, including drivers operating cars, motorcycles, trucks, commercial vehicles, and even pedestrians. Fleeing off the scene could result in criminal hit-and-run charges.

Drivers at Nevada have the following five obligations in case of an accident:

  • Exchange the contact numbers and insurance information, including driver’s license number and vehicle info like plate number, model, and make
  • Move away from traffic safely
  • Assist injured people if there are any at the scene
  • Call the police urgently. This is essential if there are any injuries or any property damage for over $750
  • Report any severe accidents to the Department of Motor vehicles, which is usually done by the police officer attending the scene. It is crucial that The DMV is reported within the 10 days of the accident if there have been any injuries, fatalities, or damages of more than $750.
  • If the driver has hit an unoccupied vehicle, they must leave their contact information or contact the owner

Based on Nevada’s laws, those involved in an accident should not admit any fault, apologize, or say that they are not injured. At times injuries are not apparent, especially after facing a traumatic event where drivers or passengers are not able to think straight. There could also be underlying causes to an accident that aren’t obvious, such as driving under the influence, equipment defects, or unsafe driving.

If you have also faced an accident recently, filing Nevada car accident claims and reporting accidents to the respective insurance companies is imperative. Insurance companies have strict rules regarding accidents, and not reporting on time could affect your policy.

Nevada – An At-Fault State:

When they say that Nevada is a fault state, it means that the responsible party for the accident covers costs for damages and injuries. However, the fault must be proven for accidents, with the at-fault party’s insurance company that would cover all of the damages and medical bills. Conversely, some states with no-fault laws don’t need any proof of fault for the accident, and subsequently, the insurance companies don’t look at drivers’ fault when paying claims. However, more states follow the at-fault laws.

Nevada’s tort laws even allow additional compensation by suing the at-fault driver for damages like pain and suffering that get above and beyond the scope of insurance coverage. The responsible party’s insurer seeks to limit claim amounts and even tries to blame the accident on the victim. Insurance companies also seek to propose insufficient settlements. However, having a well-trained attorney on your side who can evaluate compensation and push for a fair settlement is vital at this point.

Shared Fault in Nevada Accidents:

Know that determining the fault for accidents isn’t always apparent. Keeping that in regard, Nevada also has provisions for a shared fault known as modified comparative negligence. According to this law, recovery for damage and injury is to be reduced for those who are responsible for less than 50% of the damage in the accident.

Some states also follow the doctrine of comparative negligence. Based on this doctrine, the damage proportionally is reduced up to 50% based on the victim’s fault. To be precise, speeding accident victims may have their claim payout reduced by 20% if they are found guilty of being 20% responsible for the accident.

Factors Determining the Fault:

Some of the factors that can determine the fault or shared fault of the drivers include:

  • The driving speed of the victim and driver
  • Weather and road conditions
  • Signals, traffic signs, and rules at the location of the accident
  • Reports submitted by police and witnesses
  • Admission of fault after the accident

Being at fault may also affect the insurance rates and policies. The claims that are made by the drivers who were not at fault can’t be held against them, meaning insurance companies cannot refuse to issue and not renew, cancel, or increase the policy rates. However, note that if a driver is found exactly 50% at fault or even higher, then insurers may take adverse action against the policyholder.

To sum it up, it’s vital to have an attorney on your side who can protect your rights and is an expert to collect a fair settlement after the accident when Nevada car accident claims are filed. At Las Vegas Lawyers 360, we help prove your case and ensure to share all relevant evidence and other information with the court.

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