Nevada’s “Fault” System Impacts Auto Injury Claims

gavel and book image

Nevada insurance laws have a direct impact on a driver’s ability to seek compensation after an accident. The state’s “at-fault” system establishes a higher burden of proof, and often an auto accident attorney in Las Vegas, to navigate the legal proceedings to battle for compensation.

No-Fault Laws

In the US, states may choose for a no-fault or at-fault auto insurance system. Under a no-fault system, drivers do not have to prove or admit liability when making a claim after an accident. Insurance companies usually prefer this system, because they do not have to pay court costs in small claims courts to settle minor traffic accidents. Drivers typically receive payment faster under a no-fault system than an at-fault system, though there are some limitations.

Drivers give up many of their rights to use an auto accident attorney in Las Vegas to sue for damages in no-fault states. Some exceptions do exist for major injuries or high compensation thresholds, and drivers can seek compensation for pain and suffering.

At-Fault Laws

Nevada is one of the majority of states who use at-fault insurance laws. These laws require fault be assigned for the accident, and the party responsible must pay compensation. Going one step further, Nevada uses a comparative negligence standard, where drivers can be assigned partial blame for an accident, only receiving compensation for the blame the other party bears.

At-fault states have broader rules for litigation and allow victims to seek compensation more aggressively than in no-fault states. An auto accident attorney in Las Vegas may reject an insurance company’s initial compensation offer and seek both economic and non-economic damages in court.

Options And Limits

After an accident in Nevada, victims have three options for compensation. They may make a claim under their own policy, a situation necessary when the other driver leaves the accident scene. The second option is to file a claim directly with the other driver’s insurance company. Finally, the victim may file a lawsuit with an auto accident attorney in Las Vegas against the other driver.

Minimum coverage for an injury from an auto accident is $15,000 in Nevada, with an additional $10,000 in property coverage. Recovering damages in excess of the insured amount is a battle best fought by an auto accident attorney in Las Vegas.

The at-fault system in Nevada provides flexibility for auto accident victims, though it comes at the cost of going to court over the accident.