Nevada Car Accident Settlement Guide

Nevada Auto Accident Laws

• How Much Is Your Car Accident Settlement Worth?

  Find out the maximum compensation you could receive.

• How Much Is My Car Accident Settlement Worth?

After a Nevada car crash, if you suffered injuries and damages, you may want to pursue legal options for obtaining compensation. Several Nevada auto accident laws can affect your auto accident claim. It is also important to know your legal obligations for reporting the accident to law enforcement.

When settling an auto accident claim in Nevada, there are certain steps to take to ensure you receive fair compensation for your damages. This article will provide an overview of Nevada car accident settlements, including types of damages covered by a settlement, steps to take after an accident, how to negotiate a fair settlement amount, the role of insurance companies in the settlement process, and tips for finding the right attorney for your case as well as common mistakes to avoid when settling an auto accident claim.

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 totaling $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.

Types of Damages Covered in a Nevada Car Accident Settlement

After an accident, you may be entitled to recover various damages. Commonly covered expenses include medical bills, wage loss, property damage, and pain and suffering. In Nevada, economic and non-economic damages are available in car accident settlements.

Economic damages have a clear monetary value (such as medical bills), while non-economic damages refer to losses that don’t always have an exact dollar amount attached (such as pain and suffering). Punitive damages may also be sought, depending on the accident’s severity.

What is the Average Amount of a Nevada Car Accident Settlement?

The average settlement amount in a Nevada car accident case is around $15,000. However, the amount of money you can recover will depend on several factors, including the severity of your injuries, the extent of your medical expenses, and your lost wages.

These are some factors that can affect the amount of your settlement:

• The severity of your injuries: The more serious your injuries, the more likely you are to receive higher compensation.
• The extent of your medical expenses: The amount of money you have spent on medical care will be a significant factor in determining your settlement amount.
• Your lost wages: If you have been unable to work due to your injuries, you may be able to recover lost wages as part of your settlement.
• The other driver’s insurance coverage: The amount of insurance coverage the other driver has will limit the amount of money you can recover.
• The insurance company’s willingness to negotiate: The insurance company may be more willing to negotiate a higher car accident settlement if you have an experienced personal injury attorney representing you.

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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 Settlement 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 car accident 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.

How Much Can I Get For Pain and Suffering in a Nevada Car Accident Settlement

The amount of money you can get for pain and suffering in a Nevada car accident settlement will vary depending on the specific facts of your case. However, some general factors will be considered, such as the severity of your injuries, the length of your recovery, and the impact the accident has had on your life.

In general, you can expect to receive more money for pain and suffering if your injuries are severe and have caused you to experience a great deal of pain and suffering. You may also receive more money if your recovery is expected to be long and difficult. Additionally, if the accident has had a significant impact on your life, such as causing you to lose your job or your ability to enjoy your usual activities, you may be able to receive more money for pain and suffering.

Of course, the amount of money you are awarded will also depend on the strength of your case. If you have a strong case, with clear evidence of the other driver’s negligence and the extent of your injuries, you will be in a better position to negotiate a higher settlement.

Steps to Take After an Accident in Nevada To Ensure Maximum Compensation

Here are the steps to take after a car accident to increase your chances of receiving maximum compensation in Nevada:

1. Check for injuries. If you or anyone else is injured, call 911 immediately.
2. Stay at the scene of the accident. Please do not move your car unless it is necessary to do so for safety reasons.
3. Allow yourself to be examined by a medical doctor. Some injuries may have delayed onset; you may not notice you have sustained injuries because of adrenaline. It is good practice to allow yourself to be checked out by a medical professional even when you feel fine.
4. Exchange information with the other driver. This includes names, addresses, phone numbers, insurance information, and license plate numbers.
5. Take pictures of the accident scene. This includes damage to the vehicles, skid marks, and any other evidence that might be relevant to the accident.
6. Report the accident to your insurance company. Do this as soon as possible, even if you do not think you are at fault.
7. See a doctor if you are injured. Even if you do not feel injured right away, getting checked out by a doctor is crucial. Some injuries, like whiplash, can take days or weeks to show up.
8. Keep all of your medical records. This includes doctor’s visits, hospital stays, and any other treatment you receive for your injuries.
9. Keep track of your lost wages. If you cannot work due to your injuries, keep track of any lost wages.
10. Talk to an attorney. An attorney can help you understand your legal rights and options and represent you in negotiations with the insurance company or court.

Nevada Car Accident Settlement Examples

Here are some examples of Nevada car accident settlements:

• In 2020, a jury awarded $1.5 million to a woman who suffered a traumatic brain injury in a car accident. The woman was driving home from work when a drunk driver hit her. She suffered a broken leg, a concussion, and a traumatic brain injury. She could not work for several years; her earning ability was also affected.
• In 2019, a man was awarded $1 million after being injured in a car accident. The man was driving to work when he was hit by a car that ran a red light and T-Boned his vehicle. He suffered a broken leg, a concussion, and whiplash. He was unable to work for several months and incurred significant medical expenses.
• In 2018, a woman was awarded $750,000 after being injured in a car accident. The woman was driving home from the grocery store when she was hit by a car making an illegal turn. She suffered a broken leg, a concussion, and whiplash. She could not work for several months and racked up significant medical expenses.
• In 2022, a woman was awarded $300,000 after she was injured in a car accident. The woman was driving to work when she was hit by a car that ran a stop sign. She suffered a broken arm, a concussion, and grade 3 whiplash injury in the car accident. She was unable to work for several months and incurred significant medical expenses.
• In 2023, a child was awarded $200,000 after he was injured in a car accident. The child was riding in a car with his parents when they were hit by a car that ran a red light. The child suffered a broken leg and a concussion. He could not attend school for several months and incurred significant medical expenses.

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Tips for Finding the Right Attorney for Your Case

If your Nevada car accident is complex or you need additional legal assistance, it’s essential to find an experienced personal injury lawyer to help you with your case. When looking for an attorney, make sure they specialize in auto accidents and have a proven record of success. Additionally, ask about their fees upfront—many attorneys will provide free consultations to get started.

Other Driving and Car Accident Laws in Nevada

Here are some of the most important car accident laws in Nevada:

• Nevada is a “fault” state, which means that the person who caused the accident is liable for the damages.
• Nevada is a “modified comparative fault” state, which means you can still recover damages even if you were partially at fault for the accident, as long as you were not more than 50% at fault.
• Seatbelts are required for all drivers and passengers in Nevada.
• The minimum age to drive in Nevada is 16 years old.
• To get a driver’s license in Nevada, you must pass a written, driving, and vision test.
• You must have liability insurance on your car if you drive in Nevada.
• The speed limit in Nevada is 80 mph on highways and 70 mph on other roads.
• Children under eight must be in a car seat or booster seat.
• The blood alcohol concentration (BAC) limit for drivers in Nevada is 0.08%.
• Distracted driving is illegal in Nevada. This includes using a handheld cell phone while driving.

Here are some of the penalties for violating car accident laws in Nevada:

• If you are convicted of driving under the influence (DUI), you could face up to six months in jail and a fine of up to $1,000.
• If you are convicted of causing a car accident while driving under the influence, you could face up to four years in prison and a fine of up to $5,000.
• If you are convicted of texting while driving, you could face a fine of up to $500.
• If you are convicted of failing to wear a seatbelt, you could face a fine of up to $100.

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.

Should I File a Nevada Car Accident 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.

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.
• 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 filing a whiplash settlement claim after a car accident.

Final Thoughts

Understanding Nevada car accident settlements can help you get the fair compensation you deserve for your injuries and losses, no matter how stressful and overwhelming an auto accident can be. With this information in mind, prepare yourself for the healing process ahead. Good luck!

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