Accidents happen every day on America’s roadways. Someone who is just a passenger in a vehicle can be at risk of injury. Traffic congestion is returning to pre-pandemic levels, increasing the risk of car accidents. Moreover, because the roads were empty for nearly a year, many drivers got accustomed to going well above the speed limit. The long-time issue of distracted driving due to cell phones and other factors has not gone away. Many of these bad driving habits are resurfacing as people across the country are coming out after months and months of lockdowns.
If you were a passenger in a Nevada car accident, you have certain rights and obligations under the law. Specifically, the driver of the vehicle is responsible for the safety of his or her passengers. Knowing this, below are five tips that you should consider.
The bodily injury coverage of the driver’s car insurance pays for harm suffered by others, including passengers, involved in a car accident. If you are a family member of the driver, you may be considered a named insured by the insurance company. If you are not a family member, you may still have coverage under the bodily injury portion of policy as a third-party. Hopefully, the driver is carrying car insurance coverage — and with the appropriate limits.
Nevada is an at-fault, or tort, state meaning there are no restrictions on an injured party’s right to sue to recover monetary compensation for personal injuries. Typically, the at-fault driver is legally and financially responsible for paying an injured party’s claims for lost wages, medical expenses, attorneys’ fees and costs, as well as pain and suffering, among others. This rule is true even if you were a passenger in the at-fault driver’s vehicle. If more than one driver is at-fault for the crash, you can likely seek monetary compensation from both.
If it is determined that the driver of the car you were in is 100% to blame, then you will likely be unable to recover monetary compensation from the other driver under his or her insurance policy.
It is important to keep in mind that the bodily injury coverage limits are typically not high. While there is a minimum amount of required coverage mandated by most states, including Nevada, these are typically not enough to cover damages in a car accident. When the claims exceed the policy limits, then the at-fault driver is responsible for the difference. Under Nevada law, the minimum car insurance coverage that must be purchased is:
- $25,000 for bodily injury or death of one person, per accident;
- $50,000 for bodily injury or death of two or more persons, per accident; and
- $20,000 for destruction of or injury to property of others in one accident
Contact Our Nevada Attorneys
If you were hurt in a Nevada car accident and want to speak with an experienced personal injury attorney, contact H&P Law. With offices located in Las Vegas and Henderson, we can explain your rights and obligations under applicable law. Let us fight for the compensation you deserve.