If you get into a car accident in Nevada, you will find yourself dealing with the insurance claims process. Even if this isn’t your first car accident insurance claim, you may find the process confusing – especially if you are an out-of-state driver who got into an accident while visiting Las Vegas. Your first question will be if Nevada is a fault or no-fault state.
Fault vs. No-Fault Car Accident Laws
Nevada is a fault state, meaning the driver or party at fault for your car accident is responsible for paying. A fault vs. no-fault state refers to whether or not the state’s car insurance law holds the at-fault party financially responsible (liable) for related injuries, property damage and other losses.
In a fault or tort-based state like Nevada, the party that caused the crash must pay for the damages. In a no-fault state, the fault for the car accident does not make a difference; both drivers will file claims with their own car insurance companies, regardless of who caused the crash. Both types of insurance systems have their pros and cons.
In a fault state, you have the added responsibility of proving that the other driver caused your car accident. However, you could recover greater financial compensation for your losses than with a first-party insurance claim. In a no-fault state, recovering compensation is easier, as you don’t have to prove fault – but you may not receive as much compensation. Insurance premiums are often higher in no-fault states, as well.
Nevada Is a Fault State: What Does This Mean for Your Accident Claim?
Under Nevada’s fault law, you will file a claim with the other driver’s insurance company if you believe he or she caused the car accident. Call his or her car insurance company to report the accident and file an initial claim. The insurance company will assign a claims adjuster to your case and begin its investigation. If the insurance provider confirms that its policyholder caused your crash, you can recover compensation from the other driver’s car insurance policy.
All drivers in Nevada must carry at least $25,000 in bodily injury liability insurance per person and $50,000 per accident to cover someone else’s injuries, medical bills and lost wages after a crash. Drivers must also carry at least $20,000 in property damage liability insurance to pay for the other driver’s vehicle repairs or replacement.
You may need to send evidence to the driver’s insurance company to establish fault for the car accident. Evidence may include a copy of the police report, photographs and video footage from the scene of the accident, and eyewitness statements. You may also need to gather proof of your losses. If the other driver’s auto insurance company wrongfully denies your claim, you may need a Las Vegas car accident attorney to help you with an appeal.
What if You Get in an Accident With an Uninsured or Underinsured Driver?
If you find out that the other driver in your car incident doesn’t have insurance, the claims process will look a little different. You will need to call your own car insurance company to find out if you have uninsured or underinsured motorist insurance. These are optional types of car insurance in Nevada that pay for your own medical bills and property repairs after an accident if the at-fault driver is uninsured.
If you don’t have the correct type of car insurance on your policy, contact an attorney to discuss the possibility of holding a third party responsible. An investigation may find that the road you were on contained a defect that increased the risk of a car accident, for example, allowing you to bring a claim against the government. A car accident attorney in Las Vegas can help you navigate all of Nevada’s car accident laws after a harmful collision, including the fault insurance law.