The aftermath of a car accident can be chaotic and confusing – especially if you’ve never been involved in one before and don’t know what to expect from the legal process. As a crash victim in Nevada, you have certain rights, such as holding the at-fault driver or party accountable for your injuries and bills. Learn how to adequately protect your rights to achieve the best possible case outcome.
What Are Your Rights After a Car Accident?
There are two main types of car insurance systems in the United States: fault and no-fault. Like most states, Nevada uses a fault law. This law gives you the right to hold someone else financially and legally responsible (liable) for causing your car accident.
If you can prove that the other driver or a third party caused your accident, you can recover financial compensation from this party’s insurance provider. All motor vehicle drivers in Nevada are required to carry insurance as proof of financial responsibility. The required amounts are:
- $25,000 for bodily injury or death per person
- $50,000 for bodily injury or death per accident
- $20,000 for property damage or destruction
These are the minimum policy limits that should be available to you from another driver’s insurance policy as a car accident victim. You may also have additional coverage available from your own insurance provider.
When Do You Have the Right to File a Lawsuit?
Since Nevada is a fault state, injured crash victims always have the right to sue or file a lawsuit against an at-fault driver, regardless of the severity of the victim’s injuries. In a no-fault state, on the other hand, injuries must be severe to permit a third-party lawsuit.
Although most car insurance claims in Nevada reach settlements, you may desire a lawsuit if a car insurance company is refusing to offer you a fair or reasonable settlement or if it has denied coverage entirely for a valid claim. Severe injuries and losses that exceed the limits of the policy could also benefit from filing a lawsuit.
Important Steps to Take After a Car Crash
Once you know and understand your rights after a car accident in Nevada, it is critical to take steps to proactively protect them. Here are things that you can do when a car crash occurs to put you in the best possible position to move forward with a legal claim:
- Report your car accident to the police. A police report can serve as important evidence to establish the facts of your case.
- Get medical care immediately. Delaying your trip to the doctor can give an insurance company a reason to reduce your payout or deny coverage.
- Gather eyewitness information. Write down names and contact information for anyone who saw the accident take place. Their statements can contain important details.
- Document the scene. Take pictures of both vehicles involved, road conditions, traffic signs, injuries and other relevant details.
- Notify an insurance company without delay. Most insurance companies have time limits for filing car accident claims.
When you’re ready to file a claim and seek compensation for your bills and losses, start by contacting a knowledgeable Las Vegas car accident attorney near you. An attorney can take many actions to strengthen your case and safeguard your rights while you focus on healing.
How to Deal With Insurance Companies
In the aftermath of a motor vehicle collision, do not trust anyone else – besides a car accident attorney, if you choose to hire one – to have your best interests in mind. No matter what an insurance company promises you, it is always looking out for its own interests. An insurer will aim to protect its profits by minimizing, delaying or denying your payout.
You can protect yourself from insurance company tactics with the following tips:
- Don’t agree to give the company a recorded statement. This can be used against you later.
- Don’t admit fault for the accident or speculate regarding who is to blame.
- Keep your answers to questions asked by an insurance adjuster short and simple.
- Don’t sign anything sent to you by an insurance company without careful review.
- Avoid posting about your accident on social media, as an insurer will be keeping an eye on your online activity.
- Keep careful documentation regarding your accident, including copies of relevant records.
- Contact an attorney to take over communications with an insurer on your behalf.
Hiring an attorney to represent you will even the playing field. Your lawyer will make an insurance provider treat you fairly – or else take the carrier to trial in pursuit of justice. You can rest assured that your legal rights and best interests will be fully protected with a lawyer in your corner.
Understand Your Statute of Limitations
An important law to know as a car accident victim in Nevada is the statute of limitations. Nevada Revised Statutes §11.190 imposes a strict filing deadline on all personal injury lawsuits filed within the state. Protect yourself by taking legal action quickly if you wish to file a lawsuit against the party responsible for causing your collision.
With only a few exceptions, “an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another” must be brought no later than two years from the date of the car accident or the date of reasonable injury discovery. Prompt claims filing will ensure you don’t miss your time limit or wait so long that important evidence is lost.
Know When to Hire a Car Accident Attorney
There is no better way to protect your rights after a car accident than to hire a Las Vegas personal injury lawyer. An attorney with experience handling car accident claims will know exactly how to navigate your case to achieve the best possible outcome.
You can trust your attorney to do what it takes in and out of the courtroom to optimize your case results. Your lawyer will also guide you to the best doctors in your area and make sure you have everything you need to rebuild your life.
It is especially important to contact an attorney if you have a complex case, such as one with severe injuries, the death of a loved one, multiple liable parties, a fault dispute or a denied claim. An attorney will fight aggressively to protect your rights every step of the way.