Automobile accidents are one of the most common causes of serious injuries and fatalities in Nevada. Hundreds of motor vehicle collisions occur in Nevada daily. From 2018 to 2022, 1,767 people died in fatal collisions in the state.
If you get involved in a car accident in Las Vegas or elsewhere in Nevada, it’s important to understand the laws that will apply to your insurance claim or injury case. Otherwise, a legal mistake or misunderstanding of surrounding laws could jeopardize your ability to recover fair financial compensation. Our Las Vegas car accident attorneys offer free consultations, fill out the form here.
Nevada Is a Fault-Based State
There are two main systems in place for automobile insurance in the United States: fault and no-fault. Fault states are more common; only 12 states use no-fault or variations of the no-fault law. Nevada is a fault-based or tort-based car accident state.
What “At-Fault” Means in Car Accidents
In an at-fault car insurance state, the driver or person at fault for causing a car accident is held liable, or financially responsible, for the damage caused. A driver who suffers an injury or property damage in a crash in Nevada has the right to seek financial compensation from the at-fault driver’s car insurance policy. No-fault states, on the other hand, require their drivers to seek coverage from their own insurance companies, regardless of fault.
Filing a Claim Against the At-Fault Driver
In Nevada, all drivers are required to carry at least $25,000 per person and $50,000 per accident in bodily injury insurance, as well as $20,000 in property damage insurance. This coverage should be available to you if another driver causes your crash.
You can file a claim by contacting the other driver’s insurance company and giving them the driver’s name and policy number, which you should collect at the scene. Do not admit fault and do not give the insurance company a recorded statement. Keep your answers to questions short. Do not offer information that is not specifically requested by the insurer.
Role of Police Reports and Evidence
In a fault-based state like Nevada, the injured victim must prove fault to qualify for coverage from the other driver’s insurance carrier. This requires evidence. There must be proof that the other driver (or a different named defendant) caused or significantly contributed to the car accident. There must also be proof of losses or damages in connection with the crash.
Common types of evidence used to support car accident cases include:
- Police reports
- Photos and videos of the crash scene
- Surveillance footage of the accident
- Eyewitness statements
- Medical records and x-rays
- Cell phone records
- Expert testimony
The police report is a key piece of evidence, as it details facts and information about the accident. It can be used to show that the other driver violated a traffic law and that this caused the crash, for example. As a crash victim, it can benefit you to always call the police to have them create a police report at the scene.
Comparative Negligence in Nevada
Nevada has a rule known as comparative negligence that applies to car accident cases where the victim is assigned a portion of fault. Nevada Revised Statutes § 41.141 states: “In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or the plaintiff’s decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought.”
How Shared Fault Affects Compensation
According to this law, a crash victim can be found partially at fault for a car accident and still recover a portion of a settlement or judgment award. The amount the individual receives will be reduced by a value equivalent to his or her degree of fault. If a victim is found to be 10 percent at fault for a collision, for example, a $100,000 settlement would be reduced by 10 percent ($10,000) to $90,000.
Modified Comparative Fault Rule (51% Bar Rule)
Nevada is a modified comparative negligence state, which means there is a cap or limit on the proportion of fault that can be assigned to a plaintiff and still result in a financial recovery. This cap is 51 percent, or the majority fault. If you are found to be more than 50 percent responsible for an auto accident, you will be barred from receiving compensation from another driver in Nevada.
Required Steps After a Car Accident
If you get into a car accident in Las Vegas, you must stop at the scene, render aid to anyone injured and exchange information with the other driver. You are legally required to report a crash to the police if it results in injuries, death, or more than $750 in vehicle or property damage (to any one person). An officer will arrive to create a police report.
If your crash is not investigated by police, you are responsible for filling out and submitting an SR-1 Form with the Nevada Department of Motor Vehicles within 10 days of the accident. You must submit this report with a copy of your car insurance, an estimate of your vehicle repair costs and a doctor’s statement of injury.
Time Limits to File a Car Accident Lawsuit
Nevada state law places a time limitation on the ability to file a personal injury claim. The time limit, according to Nevada Revised Statutes § 11.190, is two years from the date of the accident or of injury discovery, in most cases. A claim for property damage only, however, can be filed within three years.
There are exceptions that can shorten or extend the statute of limitations on a Nevada car accident claim. A case involving an injured minor, for instance, can be brought until two or three years from the victim’s 18th birthday. Contact a car accident attorney in Las Vegas as soon as possible to avoid missing your time limit. Waiting too long can make you ineligible for compensation.
How a Nevada Car Accident Lawyer Can Help
If you get involved in a car accident in Nevada, contacting an attorney near you can make the claims process easier. Your lawyer can explain all of the laws that apply to your case and deal with insurance adjusters on your behalf. Your attorney can negotiate a settlement or file a lawsuit in pursuit of maximum compensation. An attorney will help you know your rights according to Nevada’s car accident laws and act quickly to preserve them.