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How to Prove Who is At Fault for Car Accident

There are state laws that determine what happens after drivers and passengers experience injuries and damages from a car accident. Here, you will learn which Nevada traffic accident laws affect you, which statutes of limitations apply to your case, and how a modified comparative fault rule might be relevant in your claim.

Statute of Limitations For Car Accident Claims in Nevada

The statute of limitations for filing a lawsuit to recover compensation for property damage and/or personal injuries in a Nevada car accident is two years (Nevada Revised Statutes, section 11.190).

The time frame for this statute of limitations begins on the day of the accident, so that if you experience an accident on November 1, 2015, your statute of limitations will run out on November 1, 2017. This means that you cannot file a lawsuit for your damages after this date. If you try to, the court will dismiss the case. This limitation is not the same for filing a claim with an insurance company, though you will have more leverage in negotiations if you file your claim with the insurance company quickly. It is always best to give yourself enough time to take the case to court if necessary.

What Happens If I Am Partially at Fault for a Car Accident in Nevada?

If you go to trial after filing a lawsuit for your injuries and property damage caused by a car accident, you will find out exactly how much fault each party is responsible for and what dollar amount is going to be fair compensation for your losses. There is a modified comparative negligence rule in Nevada that calculates damages based on your percentage of legal fault in the accident.

Thus, if the jury determines that your damages are valued at $50,000, but you were 10% at fault for the accident, your judgment will be reduced by 10% so that you receive $45,000 instead. This is only the case if you are less than 50% at fault for the accident. Once your level of fault passes the 50% mark, you are no longer able to receive any damages. Of course, this won’t just come up in court. The insurance companies know about the comparative fault rule and will work to ensure that your level of fault is a relevant factor in any settlement negotiations.

Certain types and amounts of car insurance coverage are required for all owners of vehicles in Nevada. Contact a car accident lawyer in Las Vegas to find out exactly how your claim is affected by these requirements and how fault will be allocated for your case.

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