Handling insurance claims, obtaining medical treatment, getting car repairs, and filing a personal injury claim after an out-of-state car accident can bring a host of challenges for drivers in Nevada, especially when severe injuries or fatalities occur. While many of the same guidelines apply regardless of where the collision occurs, claims and lawsuit procedures may vary by state. Las Vegas car accident attorneys often provide out-of-state crash victims with guidance and resources to help them along the road to recovery.
Important Considerations in Out-of-State Crashes
There are a few important issues to consider after a crash in another state.
- No-Fault vs. Tort: In no-fault states, the driver’s own insurance company pays the accident claim regardless of who is at fault. Since Nevada, however, is a tort state, the at-fault party’s insurance company will be responsible for injuries and property damage caused by the crash.
- Local Car Accident Laws: Nevada uses the modified comparative negligence model to determine responsibility for damages caused by a car accident. Under this shared fault rule, proportional recovery is allowed for drivers who are determined to be less than 50% responsible for the crash.
- Filing a Personal Injury Lawsuit: When a car accident happens in Las Vegas, the car accident will be subject to the laws of Nevada. Out-of-state crash victims must file personal injury lawsuits in Nevada courts. Additionally, the case will be subject to Nevada’s statute of limitations.
- Business or Personal Use: If either driver was traveling for business purposes, different policies and procedures may apply. The employer’s insurance policy, for example, maybe responsible for injuries and property damage if the employee was at fault. If the worker is injured, workers’ compensation insurance may provide coverage as well. Additionally, if a commercial truck caused the crash, injured victims may be able to sue the trucking company in Nevada, or in the state where the business resides.
What to Do After an Out-of-State Car Accident
There are important steps to take after a crash regardless of where it happens. Calling police, seeking medical treatment immediately after the accident, and gathering evidence about how the crash occurred, the damage involved, and the scene can have a significant impact on the outcome of a claim or personal injury lawsuit.
In addition to answering questions about local car crash laws, Las Vegas Car accident lawyers often provide crash victims with information about local medical facilities and car repair shops.