Nevada Auto Accident Laws
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Reporting a Nevada Car Accident
It is important to know what to do after a car accident in Nevada. Many Nevada cities, such as Las Vegas, have stated they will not respond to minor accidents without injuries. So, you need to be especially vigilant about following the law if you are in a car crash.
The driver of a car that was in a crash in Nevada must report it if no law enforcement came to the scene IF:
- There was an injury or death of a driver, passenger, or pedestrian; or
- There was damage to a car or other property totalling $750 or more.
You must report the accident immediately to the closest Nevada Highway Patrol office, or another law enforcement facility. If you fail to report an accident in this state, the DMV can suspend your driver’s license for a year.
Also, you need to render aid to an injured person after an accident. This may mean making arrangements to get the person to a doctor or hospital for medical treatment.
You do not need to report the crash if a police officer or highway patrol officer turned in an accident report that has the driver’s insurance and contact information.
If you aren’t sure if the police report had this information, it is best to send an accident report to the DMV in Nevada.
If you hit a vacant vehicle, you must find the owner, or leave your contact details in an obvious place, such as under the windshield wiper.
Because police do not respond to many accidents in Nevada, it is smart to exchange information with every person at the crash scene:
- Get names, addresses, phone numbers and insurance information
- Write down the makes, models, and license plate numbers for all cars involved
There is more information about reporting Nevada car accidents in the Nevada Revised Statutes.
Comparative Negligence in Nevada Car Accidents
Say you are seriously hurt in a Nevada car crash. You take your case to court. The jury hears the evidence and decides the other driver is liable, but you are partially responsible, too. What now?
Nevada is a modified comparative negligence state, according to Nevada Revised Statutes section 41.141. This means that you may recover damages in a car accident lawsuit. However, your award reduces according to your percentage of fault, IF the share is not more than that of the other driver.
For example, suppose the jury says your damages and losses are $100,000. But the jury states that you are 10% at fault for the accident. Your award reduces by $10,000, so you receive $90,000.
If your percentage of fault is more than the other driver, you cannot recover compensation for your injuries and damages.
If there are multiple vehicles involved in the accident, the insurance companies may determine that several people share fault for the accident. Your ability to file a claim for damages will depend on your degree of fault.
Nevada Auto Accident Laws: Statute of Limitations
A ‘statute of limitations’ establishes a time limit for your right to file a lawsuit. However, the statute of limitations does not apply to an auto insurance claim.
In this state, you have two years from the date of the accident to file a lawsuit to recover compensation for your damages. Any legal action filed after that date will be likely dismissed by the court.
Also, you must file a wrongful death lawsuit within two years of the person’s death.
For property damage, any lawsuit needs filed within three years of the accident.
Most car accidents settle out of court. But if you wait to file a claim and you eventually need to file a lawsuit, you want to have as much time as possible. So, do not wait until the last minute.
Note that if the injured person is a minor, state law requires him or her to wait until she is 18 to file a lawsuit. At that point, the victim has two years to take legal action.
But the minor’s parents can get a court’s approval to file a lawsuit against the at-fault driver. If the court approves the request, the minor cannot take legal action when he or she turns 18.
Car Insurance Requirements in Nevada
In most Nevada car accidents, insurance coverage is a part of the process. So you need to know the state’s car insurance requirements and related rules that may affect your claim.
Nevada auto accident laws states that you must carry auto insurance with the following minimums:
- $25,000 for bodily injury or death of a person in an accident
- $50,000 for total bodily injury or death of a person in an accident
- $20,000 for property damage per auto accident
Note that uninsured motorist coverage is not required in this state. But it can shield you and your passengers if the other driver has no insurance.
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Nevada Dram Shop Law
There is a modified Dram Shop Law in Nevada. This law refers to the liability of bars, hotels, nightclubs, and private social hosts who give alcohol to patrons. If a patron injures or kills someone in an auto accident while intoxicated, the host or commercial establishment risks liability.
A private social host is the host of a private event, such as a birthday, where alcohol is served but is not for profit.
Can I Sue In Nevada If The Other Driver Was At Fault?
Yes. Nevada auto accident law allows you to file a lawsuit for damages sustained in a car accident against the at-fault driver. However, most auto accident cases resolve without a lawsuit. Your car accident lawyer needs to contact the at-fault driver’s insurance company. They could negotiate a settlement that covers your:
- Medical costs
- Lost earnings
- Lost earning capacity
- Pain and suffering, if applicable
However, you must prove that the other driver was at fault to be eligible for compensation. It is important after the accident to collect as much evidence as you can.
For example, take pictures of your property damages and injuries, and go to the doctor as soon as you can after the crash. Never skip a doctor’s appointment, either; the other side will argue you are not really injured. And be sure that you document everything that occurred during the crash.
Nevada Car Accident Resources
After a car accident, you will probably feel a lot of stress and anxiety. It can be overwhelming to handle everything that you need to do in this situation. Below are some accident resources and tips to keep in mind after an accident in Nevada.
- Remember to file a Report of Traffic Accident within 10 days if the accident was not handled by law enforcement and the amount of damages was more than $750. It also is required if the accident had injuries or death, but it would be rare for the police to not investigate such an accident.
- Determining what your personal injury case could be worth is very important in the decision to file or not. Get a complimentary case evaluation today with Lawsuit Info Center today to decide if you want to file a claim or lawsuit.
- If you have whiplash from your Nevada car accident, it is very important for it to be documented as completely as possible from the day of injury. Soft tissue injuries such as whiplash are very painful but more difficult to see than ‘hard’ injuries such as broken bones. Having the injuries fully documented by a medical professional from the start will help your claim. Here are some more tips about making a whiplash personal injury claim.
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Should I File an Auto Insurance Claim?
If you are in a serious car accident in Nevada, especially with injuries and/or multiple vehicles, you should always call your insurance company to file a claim. Also state law requires you to file a police report if there are injuries and/or property damage of $750 or more.
While you need to file an auto insurance claim for serious accidents, there are cases that do not warrant this. If you’re in a one-car accident and you are not hurt, you do not need to file a claim. If there is little damage to any vehicle in the accident, you may not need to file a claim.
Get Legal Help For Your Nevada Car Accident Claim
If you were in a Nevada auto accident, you need to report the accident right away and seek medical attention. If the other driver was at fault, taking legal action is an option to consider.
Lawsuit Info Center can assist you in finding a skilled personal injury attorney in your region. You could be entitled to compensation for your injuries and damages. Use our website to find an attorney in your area now.
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This state requires you to have $25,000 in bodily injury liability coverage per person, and $50,000 per accident. Also, you must have at least $50,000 in coverage for property damage and $25,000 for uninsured motorist coverage.
Nevada is a fault state, which means the person who was at fault for the accident must pay for any damages or injuries.
The insurance company must pay the claim within 30 days after they accept liability.
You are required to report a car accident in Nevada within 10 days of the crash if anyone was injured or killed, or there was $750 or more to a vehicle or property.
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