The fallout of a commercial truck accident can be felt in every facet of your life. The liable party will be expected to compensate you for every loss you endured related to the collision. However, before you move forward with a personal injury lawsuit, you may have the right to pursue a truck accident insurance claim.
Understanding how insurance claims work is crucial, as the majority of injury victims may be entitled to compensation through the liable party’s insurer, as Nevada is not a no-fault state. Your highly skilled Las Vegas truck accident lawyer with H&P Law can explain these nuances and will explore all your opportunities for legal recourse. Here is more about what it means to live in a fault state for truck accidents and the impact on your personal injury and insurance claims.
What Is a No-Fault State?
States that follow no-fault laws require motorists to carry personal injury protection coverage in addition to bodily injury and property damage liability coverage. Personal injury protection (PIP) will cover a portion of the policyholder’s expenses, no matter who is ultimately found responsible for causing the accident. This means that even if the at-fault party cannot be identified, injury victims can file a claim against their personal auto insurance policies and recoup a portion of their damages.
However, this means injury victims may be limited by their auto insurance coverage. Anyone who only purchased the minimum amount of coverage under the law may find they are lacking enough insurance coverage to fully meet their needs. Fortunately, they may be able to move forward with a personal injury lawsuit against the trucking company, truck driver, cargo loaders, or other liable parties.
Nevada Follows Fault Insurance Laws
Nevada is not a no-fault insurance state. Instead, Nevada follows fault-based insurance laws. These aim to hold liable parties accountable for the victim’s injuries and damages after any type of motor vehicle wreck.
Instead of filing a claim against your personal auto insurance policy, you will file a claim against the liable parties. No matter who is at fault for the accident, they likely have insurance coverage protecting them, whether that be liability or auto insurance coverage. Unfortunately, the same insurance limitations may apply.
When filing a claim against the at-fault party’s insurance policy, the amount of compensation you can recoup through your insurance claim will be limited by how much coverage the policyholder has purchased. If the policyholder is uninsured, you may not be able to file a claim with the insurance company at all. If the policyholder or liable party lacks enough insurance coverage, you may need to bring a truck accident personal injury lawsuit against them in civil court.
Nevada Auto Insurance Requirements
All motorists are legally required to carry auto insurance coverage in Nevada. While Nevada may not be a no-fault state, having sufficient insurance coverage in places is crucial if you are ever found liable for causing a collision or accused of sharing the blame for the accident. Nevada auto insurance requirements are as follows:
- $20,000 for property damage protection
- $25,000 per person for bodily injury protection
- $50,000 per accident for bodily injury protection
You are under no legal obligation to carry uninsured or underinsured motorist coverage. There is no requirement that states you must have gap insurance, comprehensive, collision, or coverage for a rental car in the event of an accident. However, increasing your auto insurance coverage limits and adding additional auto insurance coverage can only help you if you live in a fault state like Nevada, where you will be expected to cover the victim’s damages in full.
What to Expect from the Insurance Company
There are limited circumstances in which you might file a claim with your insurer. If you have no-fault insurance coverage, you may still have the right to file a claim against your own auto insurance policy after an accident. However, this may be ill-advised, as insurance companies have been known to increase policyholder’s premiums after filing claims.
When you are dealing with the liable party’s insurance company, do not be tricked into thinking they are on your side. The insurance company will always prioritize its financial goals above your needs. Insurance adjusters have been known to manipulate statements, misrepresent policy terms, intentionally refuse to communicate, or refuse to investigate claims.
These are all examples of bad-faith insurance tactics. If we discover the insurance company is handling your claim in bad faith, we will be prepared to take legal action against them. You can rely on your attorney to advocate for your rights with the insurance company and refuse to back down until the insurance company sees reason.
Who Pays After a Truck Accident?
It is difficult to say who will be found liable for your truck accident injuries. It is common for multiple parties to share blame in these types of collisions. Some of the parties who are frequently named in commercial truck accident lawsuits include:
- Trucking companies
- Truck drivers
- Maintenance workers
- Cargo loaders
- Truck owner
- 18-wheeler parts designers and manufacturers
- 18-wheeler dealerships
- Executives
- Safety inspectors
- Trucking company parent companies
- Other third parties
Most of these parties will have insurance coverage in place. Those that do not, or those that do not have enough coverage, can still be held accountable when you file a truck accident lawsuit in civil court. One way or another, with help from your dedicated personal injury attorney, you can fight for the compensation that is rightfully yours.
Get Help from a Highly Experienced Truck Accident Attorney Today
Filing a claim with the trucking company’s insurer or any other insurance company after a collision may be an excellent opportunity to recoup a portion of your damages from the at-fault party. Fault insurance laws mean the liable party can be compelled to cover your losses in full. Do not let yourself get taken advantage of during this time in your life.
Have a powerful Nevada truck accident lawyer with H&P Law advocate for your rights and demand maximum compensation for your damages. Our team can utilize the state’s fault laws to our advantage and make the at-fault party pay. Fill out our quick contact form or call our office to schedule your free, no-obligation consultation as soon as today.
