As a driver, it’s essential to familiarize yourself with Nevada auto insurance and how the claims process works. You never know when this information will come in handy because no one ever prepares for an accident.
If you are just getting started and have no clue about the fault or no-fault auto laws in Nevada, then you came to the right place. In this article, we’ll give you insights into Nevada and no-fault law to help point you in the right direction.
Nevada follows the comparative negligence rule when determining financial damages that the victim sustains following an accident. The state gives the injured plaintiff the ability to recover a percentage of his/her losses provided the defendant was more than 50% liable for the accident that resulted in the injuries.
Under the comparative negligence rule, if the victim is partly to blame for the wreck that leads to injuries and damages, their recovery will be cut down by the percentage of blame for the accident. But this rule comes with a twist. The state uses a ‘modified’ comparative negligence law which allows the victim to recover financial compensation if he/she isn’t more than 50% at fault.
So what does this mean for you?
Nevada is not a no-fault state – which means that the person who is liable for the accident takes care of the damages. So, if for instance, you end up sustaining injuries due to someone else’s negligence, they are responsible for your losses. And although you can still buy insurance that comes in handy when the responsible party is underinsured or uninsured, you can file a lawsuit against the at-fault party for any expense that arises due to the accident. And since there is no threshold for your damages or injuries that apply for a legal suit, you could file a claim against the defendant even if you incurred only a dollar in damages.
No-fault states, on the other hand, don’t allow you to file a claim that falls below a specified threshold. If it’s lower than the limit, you’ll need to depend on your insurance to take care of your damages.
As a driver in Nevada, you are obligated to have mandatory insurance minimums – although it isn’t a must to have no-fault insurance, you have to have a cover that insures you in case you are responsible for the accident. You must pay for all the injuries and damages you bring to others. The state requires you to carry a mandatory minimum coverage of $15,000, $30,000 and $10,000 for injuries caused to one person; injuries caused to more than one person; and property damage in an accident respectively.
Steps after an accident
If you are involved in a crash in Nevada, the first and perhaps the most crucial thing to do is contact an accident lawyer. Nevada being an at-fault state, will require evidence to establish liability, and if you don’t have this, you might end up not getting a fair recovery. A lawyer will guide you on the right things to do to help build a strong case.