Nevada does not follow no-fault insurance laws. Your personal auto insurance coverage will instead be used to cover a portion of your covered losses. Here is more about how fault insurance works, how it can impact your case, and what to expect from the insurance company.
Nevada Is a Fault State for Car Accidents
Nevada is not a no-fault state. Nevada follows fault insurance laws when it comes to car accident claims. Essentially, this means liable drivers will compensate injury victims in full.
Some of these costs could be taken care of by the liable party’s auto insurance provider. However, most car accident victims will not be able to recoup their damages in full through an insurance claim alone. This means you should always prepare for the possibility that your car accident case could go to trial.
What does This Mean for Your Car Accident Claim?
Since Nevada is a fault insurance state, after a collision, when you start working with a Nevada personal injury attorney, your claim will generally begin with an investigation into the cause of the accident so we can prove the defendant’s liability based on a preponderance of the evidence. In most cases, liable parties have insurance coverage.
For example, if a government agency, such as the Nevada Department of Transportation, is found liable for causing your accident because they failed to properly secure a roadwork construction zone, you may have the opportunity to file a claim with their general liability insurance provider.
However, if a negligent driver crashed into you while distracted driving, you might file a claim against their personal auto insurance provider. If the at-fault party does not have insurance coverage in place, or their insurance coverage will not be enough to fully compensate you for your losses, your attorney will attempt to negotiate a settlement outside of court and bring your case to trial if the liable party refuses to compensate you fairly without a civil judgment.
When to File a Claim with Your Auto Insurer
There are limited instances in which you might also have the option of filing a claim with your personal auto insurance provider. Even though Nevada is a fault state, most insurance companies give you the option of purchasing no-fault protection coverage. Also known as personal injury protection or PIP coverage, this is designed to provide compensation and benefits to policyholders without regard to fault for the accident.
This means your auto insurance provider will be required to issue a settlement no matter who is responsible for causing the accident. Unfortunately, many insurance companies use this type of coverage as a way of boosting their profits while taking advantage of injury victims and policyholders.
When you file a claim against your insurance policy, the insurer will more than likely increase the amount you are required to pay in auto insurance premiums, thereby recovering whatever they settled your no-fault claim for.
The At-Fault Party’s Insurance Coverage May Not Be the Only Solution
Since Nevada is a fault state and you will be dealing with the at-fault party’s insurance provider, it is important to understand how these insurance claims work. Motorists are legally required to purchase auto insurance coverage in Nevada, where you are legally required to carry bodily injury liability and property damage liability coverages. This provides coverage of vehicle repair costs and medical expenses for injury victims when the policyholder is responsible for causing an accident.
However, policyholders determine how much auto insurance coverage they carry. A motorist who has only purchased the minimum amount of auto insurance under the law may not have enough coverage available to fully meet your needs. Unfortunately, this happens far more frequently than you think.
Fortunately, filing a claim against the liable party’s insurance policy is not the only way you can hold them accountable. Bringing your case to trial may be the next best option. If ordered to compensate you for your damages in full by a judge or jury, the liable party will be legally required to repay you for every single way your life has been affected by your car accident and the resulting injuries you sustained.
For this reason, we generally recommend preparing to file both insurance claims and car accident lawsuits if you hope to maximize your financial recovery.
Important Insurance Company Tactics You Need to Know
Sadly, insurance companies take advantage of claimants and policyholders more often than you might think. The insurance industry is profit-driven, so insurance adjusters often take extraordinary measures when handling claims. You might be surprised by some of the tactics insurance adjusters have used to unfairly deny claims or reduce claimant settlements, some of which could include:
- Delaying car accident claim processing
- Refusing to investigate your car accident claim
- Misrepresenting the damages covered in the insurance policy
- Misrepresenting the value of the claim
- Refusing to respond to communication attempts
Being aware of these tactics is one thing, but being able to deal with the insurance company while they are actively trying to reduce your settlement can be frustrating. Instead of letting the insurance company trick you into accepting a settlement that is less than you deserve, have your car accident lawyer negotiate with the insurance company on your behalf. This way, you can show the insurer you are taking your claim seriously and hold them accountable for their financial responsibilities.
Get Help from a Reputable Nevada Car Accident Lawyer Today
Getting the insurance company to uphold their end of your insurance contract should not be as difficult as it often is. Fortunately, in the aftermath of your collision, you do not need to go up against money-driven insurers alone. Get a top-rated Nevada car accident attorney with H&P Law on your side.
Our team offers 100% free consultations to car accident victims in Las Vegas and surrounding cities. Are you ready to take advantage of this opportunity? Fill out our online contact form or call us to claim yours as soon as today.
