How Car Accident Compensation Works in Nevada

All drivers in the state are required to have car insurance with at least the minimum amounts of coverage. The minimum requirements are: 

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident
• $20,000 for property damage per accident.

The damages suffered in a car accident can easily exceed those amounts, however. That’s why it’s a good idea to buy insurance coverage with higher liability limits. Otherwise, you may have to pay for damages out of your own pocket. 

There are also several types of optional coverage you can buy that provide further protection. These include: 

• Uninsured/Underinsured Motorist (UM/UIM) – This coverage will pay for damages if you are injured in a car accident caused by a driver who does not have insurance – or who does not have enough insurance to cover those damages. It also can be used if you are injured by a hit-and-run driver.
• Medical Payments (MedPay) – This can help pay for medical expenses for treating injuries suffered in a crash. 
• Collision – This coverage pays for damage to your vehicle from the accident.
• Comprehensive – This coverage pays for damages to your vehicle from other causes, including wind, fire, flood, or vandalism.

That means that the driver who is determined to be at fault for the accident is considered responsible for paying for damages. For example, the driver may have been speeding, texting, recklessly changing lanes, or ignoring traffic signals. People who were injured in the accident can file a claim with the at-fault driver’s insurance company.  

But recovering financial compensation is actually a complicated process. First, negligent drivers often deny doing anything wrong and may refuse to accept responsibility. Their insurance company is also likely to dispute your car accident claim to try to limit the amount of compensation they are responsible for paying. 

That’s why it’s important to have an experienced lawyer on your side.

Yes. Your lawyer can discuss your legal options with you. You can also file a third-party car accident claim with the at-fault driver’s insurance company. But insurance companies handle claims every day and have the advantage. They use many strategies designed to limit compensation. These strategies include:

• Challenging the seriousness of your injuries
• Disputing the need for certain medical treatment
• Seeking access to your medical history to argue your injuries were pre-existing
• Making a lowball settlement offer that does not cover all of the damages you suffered.

You may also be blamed for causing the accident, at least partially. This is another strategy that can help the insurance company save money. Under Nevada’s modified comparative negligence system, you can only recover financial compensation if you are found to be 50% or less at fault for causing the accident. 

However, any compensation you are awarded will be reduced by your percentage of fault. So if a jury awards you $100,000 in compensation but you are found to be 50% at fault for what happened, your total recovery would be $50,000.

There is no simple answer to this question as it will depend on several different factors. These include the type and severity of your injuries, how these injuries impacted your life, the amount of lost wages and other damages you suffered, the degree of fault assigned to each party, and liability limits on the other driver’s insurance policy. 

But in general, you can seek compensation for both economic and non-economic damages suffered in the crash. These include all current and future medical expenses related to your injuries (including the costs of surgery, medication, therapy, and home health care), lost wages if you couldn’t work, loss of future earnings if you can’t return to work, and pain and suffering. 

A lawyer will be familiar with insurance company tactics and will fight back against attempts to pay you less. This begins with an investigation of your accident to get the facts. A firm’s legal team will carefully review the accident report and gather evidence, including any existing video of the crash taken by nearby traffic or security cameras. In addition, witnesses will be identified and interviewed. And if needed, your lawyer can consult accident reconstruction experts and other specialists. 

Your lawyer will also determine the total damages you suffered and demand appropriate compensation. This often leads to negotiations, and many times a settlement is reached that meets your needs. But sometimes this does not occur until after a lawsuit is filed. Your lawyer can advise you on the most effective strategy. 

If you were hurt in a crash, it’s important to get legal advice as soon as possible. In Nevada, the statute of limitations for taking legal action is two years from the date of your accident. That can make it seem like there’s no rush. But as time goes by, important evidence can be lost or destroyed. And the memories of witnesses can begin to fade.

Learn about your legal options and get answers to your question. Schedule a free consultation with an experienced Nevada car accident lawyer.