Whether or not a state is a no-fault state can impact how you seek compensation if you are injured in a car accident. Find out more about whether Nevada is a no-fault state below, and learn how legal experts for car injury claims near you can help.
What Is a No-Fault State for Car Accidents?
A no-fault state for car accidents is a state where each driver's own insurance company is responsible for paying their medical expenses and other related costs, regardless of who caused the accident. Drivers in these states may be required to carry personal injury protection coverage, including coverage for medical expenses.
The idea behind no-fault insurance is to provide faster and more efficient compensation for accident victims and to reduce the number of lawsuits resulting from accidents. Instead of having to go through a lengthy process to determine who was at fault for the accident, the insurance companies can simply pay out the claims to their own policyholders.
Is Nevada a No-Fault Car Accident State?
No, Nevada is not a no-fault car accident state.
Currently, there are 12 states in the United States that have no-fault auto insurance laws. They are:
Florida
Hawaii
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
New Jersey
New York
North Dakota
Oregon
Pennsylvania
Utah
What Is an At-Fault State? Nevada’s Comparative Negligence Law
To complicate the matter even further, Nevada has what is known as a modified comparative negligence law. Under this law, individuals can seek compensation from the other party for expenses incurred due to an accident if they are not more than 50 percent at fault for the incident.
For example, say Michael was speeding, but Florence was driving in a distracted manner. This leads to a head-on collision. Perhaps the two go to court over the accident, and it’s determined that Michael was 60 percent at fault in the incident and Florence was 40 percent at fault. Because Florence wasn’t deemed more than 50 percent at fault, she can still seek compensation. However, she would only get 60 percent of any amount awarded in the case because she was deemed 40 percent at fault.
The Importance of Legal Experience in Nevada Car Accident Cases
The simple examples above provide some context to help you understand how complicated car accident cases can get. It’s critical that the right evidence is gathered and presented in such a way as to show that you are not liable for an accident whenever possible. If someone else caused the accident and you want to seek compensation from them or their insurance company successfully, you must demonstrate that they were at fault.
You also have to prove the extent of your damages. Insurance companies and courts don’t typically take your word for it; you may need to present body shop estimates, medical records, and other documents that demonstrate your losses related to a car accident.
A personal injury lawyer with experience in handling car accident cases can be a huge help in these matters. They can:
Listen as you explain the facts of the case and help you understand whether you can successfully seek compensation
Dig into the details of the case to find out who should be named in any lawsuit you might file—failing to name all relevant parties can negatively impact the success of your case
Gather evidence, including photographs of the accident scene, witness testimony, police reports, medical records, and expert testimony to help make your case for compensation
Negotiate with insurance companies and other parties to increase the chances of a settlement that works for you
Present your case in court, if necessary, to help support better chances at a positive outcome
Dealing with insurance companies and other parties related to a car accident personal injury case on your own can put your compensation and future at risk. Insurance companies aren’t in the business of doing what is best for you. They are in the business of making money for their shareholders. This is true even when the insurance company you’re dealing with is yours.
While many insurance companies attempt to deal with individuals in good faith, they are not motivated by goodwill. Having a legal professional on your side who is motivated to do what is best for you helps you protect your interests.
Make sure you have the required auto insurance to operate a vehicle on Nevada roads. If you get into an accident, though, don’t assume the insurance companies will handle everything automatically. Consider reaching out to High Stakes Injury Law to protect your interests.
The idea behind no-fault insurance is to provide faster and more efficient compensation for accident victims and to reduce the number of lawsuits resulting from accidents. Instead of having to go through a lengthy process to determine who was at fault for the accident, the insurance companies can simply pay out the claims to their own policyholders.
For example, say Michael was speeding, but Florence was driving in a distracted manner. This leads to a head-on collision. Perhaps the two go to court over the accident, and it’s determined that Michael was 60 percent at fault in the incident and Florence was 40 percent at fault. Because Florence wasn’t deemed more than 50 percent at fault, she can still seek compensation. However, she would only get 60 percent of any amount awarded in the case because she was deemed 40 percent at fault.
While many insurance companies attempt to deal with individuals in good faith, they are not motivated by goodwill. Having a legal professional on your side who is motivated to do what is best for you helps you protect your interests.
Make sure you have the required auto insurance to operate a vehicle on Nevada roads. If you get into an accident, though, don’t assume the insurance companies will handle everything automatically. Consider reaching out to High Stakes Injury Law to protect your interests.