You can get compensation if you are at fault in an auto accident, depending on how much of the fault you bear. In Nevada, your percentage of fault will determine your ability to seek compensation and how much you can recover. Under NRS §41.141, you can seek damages if you did not bear a greater percentage of fault than the other party.
In other words, as long as you do not hold more than 50% of the fault, you should qualify for compensation. Additionally, Nevada is a fault state, which means you will make your claim through the liable party’s insurance provider.
How Insurance Adjusters Determine Fault
Insurance adjusters may not have your best interests in mind when they calculate your percentage of fault since it will affect how much they will have to pay you. When they make their determination, it does not necessarily reflect what actually happened during the accident.
When an insurance adjuster investigates an accident, they use police reports, statements from the parties involved, and other pieces of evidence to determine how much fault each party bears.
It is important to be careful of what you say to an adjuster; they could use your statement to argue that you were more at fault than you actually were.
When They Deny Your Claim
Whenever you make an insurance claim after an auto accident, there is a chance that the adjuster will argue that you bear more fault than their insured driver. This stance will result in the outright denial of your claim. When this happens, the burden of proof falls on your shoulders.
You do not have to challenge the denial alone, though. You have the right to hire a lawyer to represent you and dispute the adjuster’s findings.
For a free legal consultation, call (702) 633-3333
Hire a Lawyer with Our Firm to Advocate for You
If you feel that an insurance adjuster did not accurately assess your percentage of fault for an accident, you do not have to accept their initial settlement offer. If an insurer denies your claim altogether, you can challenge their decision.
A lawyer from our firm can help you fight for fair compensation and handle all of the aspects of your case. Below are some of the ways they can help you, even if you were partially at fault for the accident.
A Lawyer Can Establish the Fault of the Other Driver
Through an investigation, a lawyer at our firm can demonstrate that the other driver bears more fault than an insurance adjuster claims. They may lean on the expertise of specialists, such as accident reconstructionists, to help establish the fault of the other driver.
A Lawyer Can Prevent You from Accepting an Unfair Settlement
Your lawyer can look over your settlement offer and assess whether it fairly covers your losses by calculating your expenses, and they will take your future losses and non-economic losses into account, too.
A proper assessment of your damages can ensure you do not suffer further losses as a result of the car accident. They will then negotiate with the insurer.
A Lawyer Can Help You File a Lawsuit
If all else fails, your lawyer will take legal action on your behalf by filing a personal injury lawsuit against the liable driver.
Instead of seeking compensation from an insurance settlement, they will work toward a court-awarded offer by representing your case before a judge or jury.
The filing deadline is two years under NRS §11.190(4)(e).
A Lawyer Can Handle All of the Paperwork for You
Another advantage of hiring a lawyer on our team is that you will not have to handle the paperwork associated with your claim or lawsuit. When they work on your case, they handle the bureaucracy and communications with insurers and the other driver.
Kinds of Damages You Can Seek
After a car accident, you may be facing considerable financial struggles as medical bills and lost wages mount. These are losses you can seek through an insurance claim, along with other forms of damages.
Potential coverage may extend to:
- Hospital stays
- Doctor’s visits
- MRIs and X-rays
- Home modifications
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Loss of quality of life
In the case of wrongful death, you may also qualify for:
- Burial and funeral expenses
- Loss of inheritance
- Loss of consortium
Your lawyer can help you calculate your damages for both your current and future losses in your pursuit of compensation.
The Attorneys at Bernstein & Poisson Can Take on Your Case
You can get compensation if you are at fault in an auto accident as long as you do not bear more fault than the other driver. If you believe an insurer undervalued your claim or if they denied your claim entirely, you do not have to give up the fight for fair compensation. We can help you prove the fault of the other driver and fight for your due.
Call us for a free consultation by dialing (702) 633-3333.