No, Nevada is not a no-fault state, which means that you will have to file a claim through the at-fault driver’s insurance provider. As a fault state, Nevada requires the at-fault party’s insurer to cover a victim’s damages resulting from a car accident.
Additionally, it follows the modified comparative negligence doctrine, when both parties share the fault for an accident. This means that you can only pursue compensation if you were found to be less at fault than the other party.
Seeking Compensation after a Car Accident
Filing an insurance claim in a fault state like Nevada can be complicated, especially when modified comparative negligence laws apply. When insurance adjusters investigate a crash, they determine how much fault each party bears for the accident, and their calculations affect how much compensation a victim can seek.
According to NRS §41.141, when the fault for an accident is shared, you can only seek damages if your share is not greater than the other party’s. Additionally, your potential compensation will be limited by the percentage of fault that you bear. Your fight for compensation can become even more difficult when multiple parties are involved in the accident.
For a free legal consultation, call (702) 633-3333
Car Insurance Requirements in Nevada
According to the Nevada Department of Motor Vehicles (DMVNV), all drivers are required to carry a minimum of:
- $25,000 for bodily injury or the death of one person
- $50,000 for bodily injury or the death of two people
- $20,000 for property damage to another driver’s vehicle
If your injuries cause you losses that exceed the minimum coverage, you may be left facing the difference on your own.
Uninsured and Underinsured Motorist Coverage
Despite the laws requiring minimum liability coverage, some drivers refuse to purchase insurance, which creates a challenge for victims in a fault state. Although uninsured and underinsured motorist coverage (UM/UIM) is offered by providers in Nevada, the state does not mandate that drivers carry it.
No one expects to be involved in an accident with an uninsured driver, but when it happens, they can make a claim through their own insurance provider as long as they carry this form of coverage. Unfortunately, UM/UIM coverage can be expensive, and some drivers will forego this type of coverage since it is not required. In this case, you will be left to cover your expenses on your own.
How a Lawyer on Our Team Can Help You Navigate Your Claim
When someone’s negligence on the road leads to your injuries, you may think the process of making a claim through their insurance will be simple. You may be surprised to find the at-fault party’s insurer undervalue or outright deny your claim for compensation. In the worst-case scenario, you may find the other driver does not even carry insurance.
When these situations occur, you can hire legal counsel to help you fight for a fair settlement. Some of the ways our lawyers can help you with your case include:
- Investigating your accident to challenge the insurance adjuster’s determination of fault
- Establishing the liability of the other parties involved
- Calculating how much compensation you can request, including economic and non-economic losses
- Preventing you from accepting an unfair settlement
- Negotiating with insurers for the compensation you need
- Handling all communications with the insurer and the liable parties
- Filing a personal injury lawsuit on your behalf
- Representing you in a trial to seek a court-awarded offer
Since Nevada is a fault state, you have the right to file a lawsuit against a liable driver if you cannot secure fair compensation through their insurer. Sometimes, insurers will reconsider their offer after you take legal action, and your case may never even have to go to trial.
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Time Limits for Filing a Car Accident Lawsuit in Nevada
If you do need to file a lawsuit, it is important to observe the statute of limitations. Per NRS §11.190(4)(e), you have two years to take legal action against a liable party, and those two years begin counting down on the date of the accident.
While negotiating with insurers, your lawyer can make sure you have enough time to abide by the statute of limitations. If they do not feel they can come to an agreement in time, they can take swift action to file a civil suit. Still, the sooner you begin your case, the better since negotiations can take longer than you expect.
Call the Attorneys at Bernstein & Poisson Today
After a car accident, you deserve to focus on your health and spend time with your loved ones. We can handle your car accident case, even if you were partially at fault.
Nevada is a fault state, and we can help you deal with the liable party’s insurer if they undervalue or deny your claim.
For a free consultation, call us at (702) 633-3333 today.