The state of Nevada, and many other states, have at-fault insurance laws. This is commonly referred to as a tort-based system. About a dozen states, such as Florida, Michigan, Minnesota, and New York, have no-fault insurance laws. If you are involved in a car accident, the difference between the two systems will determine how you should proceed with your personal injury case. Below we explain the basics you should know.
Damages Available
In no-fault states, car crash victims are eligible for economic and noneconomic damages if they sustain serious injuries, as defined by local law. Because of this, attorneys for the parties spent almost as much time arguing over whether noneconomic damages are appropriate in the case as they do the amount of loss to the harmed party. Noneconomic damages are losses that are not tangible or quantifiable that result from an accident such as:
- Emotional distress;
- Pain and suffering;
- Loss of enjoyment of life; and
- Loss of consortium.
In an at-fault state, on the other hand, all accident victims are automatically entitled to noneconomic damages and most attorneys multiply the economic damages by a certain number (two, three, or four) to come up with a reasonable amount. The multiplier is determined on numerous factors including the nature of the injuries and other legal issues such as:
- The leaning of the jury pool (conservative versus liberal);
- The judge’s prior decisions on pretrial motions; and
- The plaintiff’s motivation to settle the matter early.
Procedural Aspects
There is also a difference in procedure when it comes to car accidents in no-fault states versus at-fault states.
In a state with a no-fault insurance system, sometimes an insurance adjuster evaluates the property damage. Other times the person claiming the damage submits a repair estimate.
In an at-fault state, however, the procedure is much more complicated and those attempting to seek compensation without legal representation will have a minimal chance of success. The procedure is generally as follows:
- A demand letter is sent, once medical treatment is substantially complete, demanding payment in exchange for a liability waiver. When fault is reasonably clear, the accident claim is typically settled;
- If the claim does not settle, then a lawsuit is filed. The insurance company tries to dismiss the lawsuit. If unsuccessful, negotiation talks begin and the case settles or moves forward;
- Sometimes discovery is conducted including taking medical examinations and depositions. The case may settle at this point or continue to mediation;
- At mediation a neutral third-party listens to both side’s arguments and tries to facilitate a monetary settlement between them in exchange for dropping the lawsuit. If the case does not settle, then it proceeds to trial.
We can Help You
Nevada is an at-fault insurance state, meaning that if you have been hurt in an accident it is best you contact an attorney for help. Our experienced Las Vegas personal injury attorneys at Matt Pfau Law Group understand Nevada law and how to handle car accident claims for personal injury victims. We can connect you with doctors for medical treatment, even if you do not have insurance or funds to pay up front. Contact us today.
