In car accident law, there are two main doctrines used to determine who is responsible, or liable, for paying for a crash. Most states fall into the category of “fault-based,” with only 12 states using “no-fault” laws. Nevada is not a no-fault state. It is in the majority as an “at-fault” or “tort-based” car accident state.
Nevada Is a Fault State
In a fault state like Nevada, the party responsible for causing a motor vehicle collision must pay for the victim’s property damage and medical bills, typically using his or her automobile insurance policy. The injured victim must prove fault using evidence to qualify for third-party insurance benefits from the other driver.
In a no-fault state, on the other hand, anyone who is injured in an accident files a claim with their own car insurance provider, regardless of who is at fault. In these states, drivers are required to carry personal injury protection (PIP) insurance to cover their own medical costs. Only in certain scenarios, such as with serious injuries, can individuals sue the at-fault party outside of the no-fault system.
Car Insurance Requirements in Nevada
Under Nevada’s fault-based insurance system, drivers are required to carry minimum amounts of liability automobile insurance on all registered vehicles. This insurance is designed to pay for the bills and losses of others after at-fault accidents. Currently, the required amounts are:
- $25,000 per person in bodily injury coverage
- $50,000 per accident in bodily injury coverage
- $20,000 per accident in property damage coverage
Optional types of coverage are also available, such as collision, comprehensive, uninsured/underinsured motorist and medical payments (MedPay) insurance – however, these are first-party types of coverage that pay for the policyholder’s losses, not the injured party’s.
How Does a Car Accident Claim in Nevada Work?
When a car accident takes place in Las Vegas or elsewhere in Nevada, an injured victim has the right to file a claim with the at-fault driver’s car insurance provider. This is typically done by contacting the auto insurance company and reporting the accident. The insurer will assign someone known as the claims adjuster to review and investigate the claim.
The insurance company investigation may involve returning to the scene of the crash, analyzing property damage in person, and interviewing witnesses and those involved in the accident. If the insurer does not believe its policyholder is to blame, it may refute liability or reject the claim. If the investigation finds that the policyholder is at fault, the insurance company will offer a settlement to the victim.
Nevada’s Comparative Negligence Law
Nevada also uses a “modified comparative negligence” law for car accident cases. Nevada Revised Statutes § 41.141states that comparative negligence will not bar a financial recovery in an injury claim as long as the victim’s degree of fault is not greater than that of the other parties. However, comparative negligence will reduce the plaintiff’s compensatory award by a percentage equivalent to his or her degree of fault.
The Benefits of Hiring an Attorney After a Nevada Car Accident
If you get hurt in a car accident in Nevada, you may need assistance from a personal injury lawyer to prove your claim and negotiate fair compensation from someone else’s insurance provider. Unlike an insurance company, a lawyer will work for you. You can trust your attorney to fight for the best possible settlement or judgment award on your behalf while you focus on healing.