No, Nevada is not a no-fault state for car accidents. Nevada is a tort, or at-fault, state, so you’ll have the right to pursue compensation directly from the party responsible for causing a car accident in which you were injured.
Since Nevada has strict car insurance requirements, all drivers are required to have minimum coverage in case they cause an auto accident. As a victim, you can submit a third-party Vegas accident claim with the at-fault driver’s insurer to recover compensation up to the insured driver’s policy limits.
In Nevada, minimum auto insurance requirements include:
- $25,000 in bodily injury per person
- $50,000 in bodily injury per collision, and
- $25,000 in property damage per accident.
This reflects the least amount of coverage a driver has to have under Nevada’s fault-based insurance rules. Drivers can, and are encouraged, to purchase higher limits and add optional coverage to their policies, such as uninsured and underinsured motorist coverage.
How is Liability Determined For Car Accidents in Nevada?
Since Nevada is an at-fault state, you can pursue compensation from anyone who is liable for your car accident. Liability refers to a party’s financial responsibility for property damage, personal injury, or wrongful death. In Nevada, liability can extend to anyone who contributed to your car accident, even indirectly.
Most often, a party will be liable for a car accident if they were negligent. Negligence involves a deviation from accepted standards of care. Speeding, texting and driving, driving drunk, failing to check a vehicle’s blind spots before changing lanes, and tailgating are all examples of driver behaviors that can be considered negligent.
To determine liability, a thorough investigation of the crash is necessary. The investigation will be a fact-finding and evidence-gathering mission, during which Las Vegas catastrophic injury attorneys and insurance companies work to understand why and how the collision happened and, by extension, who’s at fault.
How Does Comparative Negligence Work in an At-Fault State Like Nevada?
Anyone who causes a car accident can be liable for damages, including the accident victims themselves. If you’re negligent and contribute to a crash in which you’re injured, it’ll affect your ability to recover compensation. You can still file a claim with another driver’s insurance company if they also share blame, but your settlement can be reduced. Under Nevada’s modified comparative negligence doctrine, damages are reduced proportionately to fault up to 50 percent. If you’re assigned 15 percent of the blame for a Las Vegas car accident, your settlement can be reduced by 15 percent of its value. If your shared fault is greater than half, the insurance company can lawfully deny your claim without having to pay you a thing.
Benson & Bingham Can Help You Pursue Compensation From an At-Fault Driver After a Nevada Car Accident
While you may be entitled to compensation under Nevada’s fault-based insurance rules, getting an insurance company to pay the full value of your claim can be an uphill battle. Level the playing field by choosing Benson & Bingham to fight for you. We’re a team of Nevada car accident attorneys that’s helped injury victims and families win well over $600 million in damages, and we’re ready to help you navigate a claim after your recent crash in Reno or Las Vegas, too. Contact our law office today to schedule a free consultation.