Every year, car crashes are one of the top causes of accidental injuries and deaths across the United States. Some accidents only result in minor vehicle damage, while others can inflict life-changing injuries on those involved, and some car accident victims, unfortunately, do not survive these incidents. If you recently experienced a car accident in the state, it is important to know the state’s rules for resolving these cases and what you can expect in terms of recovery.
Fault Versus No-Fault
Some states uphold no-fault rules for resolving car accidents, requiring drivers to have their own personal injury protection through their auto insurance policies and claim against those policies when accidents happen, regardless of who is at fault. Drivers in no-fault states can typically only pursue additional legal recourse against at-fault drivers when they have suffered severe injuries.
Nevada follows the fault rule. This means that whoever causes a crash is liable for the resulting damages, and an injured driver has the right to claim against the car insurance policy the driver at fault has after an accident. Every injured driver will face different challenges when it comes to proving fault for their accident.
Filing Your Insurance Claim for a Car Accident
Under state law, a personal car insurance policy has to include a minimum of $25,000 in liability coverage for bodily injury for one victim, at least $50,000 in liability coverage for bodily injury for all persons injured in an accident, and a minimum of $20,000 for liability coverage for property damage. After an accident happens, it is important to record as much information as you can if you are able to do so safely. You are required to prove fault for the accident before proceeding with your claim against the at-fault driver’s insurance policy.
An experienced attorney can streamline the car insurance claim process on your behalf. They can help complete your demand letter to the insurer and handle correspondence concerning your claim. Once the insurer reviews your claim and issues a claim determination, your attorney can then review their determination to ensure it is suitable under the terms of the policy.
Unfortunately, not all drivers have insurance, and even if the driver who hit you does have appropriate coverage, it may not be enough to compensate for the scope of the losses they inflicted. Your attorney can be an invaluable asset if you must pursue additional legal recourse to recover. Proving fault is an essential first step in the process and essential for both an auto insurance claim and a subsequent personal injury claim.
Easton & Easton has a team of attorneys with years of experience handling these cases, and we can provide the legal support you need to prove fault for your recent car accident. We know the challenges that injured drivers often face when it comes to gathering evidence and establishing liability for the damages they’ve suffered, and we know how to maximize your compensation. Whatever your case entails, we can provide the guidance you need through every step of your recovery efforts.
FAQs
Q: How Do I Prove Fault for a Car Accident?
A: Most car accident victims will need several forms of evidence to prove fault. Your attorney can help obtain the other driver’s cell phone records, vehicle computer data, or traffic camera footage from the area where your accident occurred. Witness testimony can also be valuable in a car accident claim. If anyone saw your accident happen firsthand, their statements could be crucial for proving fault for the accident.
Q: What Happens if the At-Fault Driver Does Not Have Auto Insurance?
A: Every driver is required to have auto insurance, but the state has a relatively high rate of uninsured drivers. If the driver who caused your recent accident does not have insurance, you can file a claim against your own auto insurance policy if you have purchased uninsured driver coverage. If you do not have this type of coverage, you will need to make a personal injury claim against the at-fault driver.
Q: What Can I Do if I Partially Caused My Recent Car Accident?
A: Nevada’s personal injury laws uphold the comparative negligence rule, so you can still recover compensation for your damages if you are partially responsible for causing your recent car accident. However, you will have a fault percentage assigned by a judge to reflect your level of liability, and this percentage is deducted from your final case award. Under the state’s modified comparative fault law, the plaintiff cannot be 50% or more at fault. Otherwise, they lose the ability to claim compensation from the defendant.
Q: How Much Time Does It Take to Resolve a Car Accident Case?
A: Your recovery from a car accident is likely to start with an auto insurance claim that may take several weeks to resolve. If you cannot recover fully from your damages through insurance alone, you will need to make a personal injury claim against the at-fault driver, and this will take longer. If you are able to settle this civil case, it may only take a few weeks to a month or two, but if your case must be resolved through litigation, it may take several months to conclude.
Q: How Much Will It Cost to Hire a Car Accident Attorney?
A: When you select Easton & Easton as your legal representatives in a car accident case, we will only take a legal fee after we win your case, and the fee is a percentage of the total amount we recover on your behalf. There is no need to worry about your legal fees overtaking your total case award, and you will pay nothing if we cannot secure compensation for your car accident.
The attorneys at Easton & Easton have successfully resolved many car accident claims for clients, and we know how to help prove fault for your recent accident. Whatever your car accident case may entail, you can rely on our team for responsive and compassionate legal guidance through every stage of your case. Contact us right away and set up a consultation with us to learn more about the legal services we can offer for your car accident claim.
ES