If you live in Las Vegas, you probably know how horrible the traffic can get. A significant number of mishaps in Nevada happen here, and more often than not, victims include pedestrians, innocent drivers, and passengers. Most cases are related to reckless driving, negligence, and drunk driving. As someone who doesn’t know the personal injury laws or how to file an injury claim, you wouldn’t want to face everything alone.
Contact the attorneys of Ace Law to get a free consultation. In this post, we have listed the top FAQs that are worth your attention.
Is it necessary to move my vehicle?
As long as it is safe, the Department of Transportation in Nevada recommends moving the car away from the traffic flow to reduce the risk of a second accident. Make sure you take pictures before the car is moved, as the police officer will want to know the exact location of your vehicle after the mishap.
What should I do after an accident?
Here is a quick list –
- Do not flee the scene. Instead, call the local law enforcement and exchange information with other drivers.
- If you are not in serious pain, try taking pictures of vehicles, surroundings, and your injuries.
- Check if there were witnesses and ask for their contact information.
- Gather other evidence, if available.
- Inform your insurer about the accident.
What is the statute of limitations in Nevada?
The statute of limitations is a special law that sets the deadline for filing different types of lawsuits. According to Nevada’s statute, all car accident lawsuits must be filed within two years. The deadline starts from the date of the crash, which means if you lose time because of the insurance claims process, you still must keep up with the two-year limit to file a lawsuit. If you want to sue the other party for vehicle damage alone, there is a three-year time cap.
What is the modified comparative fault rule?
When it comes to car accidents where more than one driver is responsible for the situation, Nevada has the modified comparative fault rule. If you are more than 50% liable for the mishap, you cannot bring a lawsuit against the other driver who has a lower fault share. This is in sharp contrast to the pure comparative fault rule followed in states like California. If you can make a successful claim with a lower fault percentage, your final reward will be adjusted accordingly.
What if the other driver doesn’t have insurance?
According to NRS 485.185, Nevada requires a minimum of $25,000 in uninsured/underinsured motorist coverage. If the other driver doesn’t have insurance, you can file a claim with your own insurance company to cover damages.
What if the accident was caused by a defective vehicle or road condition?
If the accident was caused by a defective vehicle, you may have a claim against the manufacturer under Nevada’s product liability law (NRS 41.141). If the accident was caused by a dangerous road condition, you may have a claim against the government entity responsible for maintaining the road (NRS 41.031).
How long do I have to file a claim with my insurance company?
A: Nevada law (NRS 687B.310) requires notification of your insurance company within a reasonable time (usually 30 days) after the accident. Failure to notify your insurer promptly may result in denied coverage or reduced benefits.
Can I sue for punitive damages?
In Nevada, punitive damages are allowed in cases where the defendant’s actions were “grossly negligent” or “willful and wanton” (NRS 42.005). This means you can seek additional damages if the other driver’s behavior was particularly reckless or intentional.
How does Nevada’s “no pay, no play” law affect my claim?
Nevada’s “no pay, no play” law (NRS 485.313) restricts non-economic damages (like pain and suffering) if you’re involved in an accident and don’t have insurance. However, if your injuries meet certain thresholds (e.g., hospitalization, disability), you can still recover non-economic damages.
Do I really need an attorney?
No one wants to admit fault after a car crash. You wouldn’t have an easy time negotiating with the insurance company or the other party. Unless you have an attorney, recovering money can be quite a challenge. Also, there must be solid evidence to prove the other party’s fault. Hiring an attorney gives access to expertise, and fortunately, there is no retainer fee. Rather than an hourly rate, the injury lawyer will only take a share of the final settlement if and only when you recover money.