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Attorney at Gina Corena & Associates
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When you’re involved in a car accident, one of the first things you’ll think about is insurance. In Nevada, the car insurance system is based on the concept of “fault,” meaning the driver responsible for the accident is also responsible for the resulting damages. But what exactly does that mean for you, especially when you’re in the midst of dealing with the aftermath of a crash?
This guide breaks down everything you need to know about Nevada’s at-fault insurance laws, how they impact you, and what to do if you’ve been in an accident. Whether you’re a seasoned driver or a newcomer to the state, understanding how the system works will help you protect yourself and navigate the claims process.
Nevada follows an at-fault insurance system, which means the driver deemed responsible for causing the accident must pay for the damages, whether it’s vehicle repairs, medical bills, or other expenses.
This system differs from the no-fault insurance system used in other states, where drivers make claims with their own insurance company regardless of who caused the accident.
In no-fault states, each driver involved in an accident files a claim with their own insurance, which can help streamline the claims process and reduce lawsuits. However, it usually limits your ability to file claims unless the damages exceed a certain threshold.
In contrast, an at-fault insurance system like Nevada’s gives you more freedom to pursue compensation from the responsible party’s insurer. If another driver causes the crash, they (or their insurance) are on the hook for damages, which can include much more than just car repairs.
Nevada’s at-fault system ensures that the person responsible for the accident covers the costs, which provides a sense of fairness. It also allows drivers to seek higher compensation in case of serious injury or extensive property damage, something a no-fault system may not cover fully.
While Nevada uses an at-fault system, all drivers are still required to carry certain levels of insurance coverage to ensure that funds are available to pay for damages in case of an accident.
In Nevada, the minimum insurance requirements are:
These limits are designed to cover damages you may cause to others in an accident, but they don’t cover your own vehicle or injuries. If you want to protect yourself further, you’ll need to consider additional insurance options.
To protect your vehicle and yourself, you may want to purchase comprehensive and collision coverage. These cover repairs to your own vehicle, even if you are at fault. Additionally, uninsured/underinsured motorist coverage can protect you if you’re in an accident with someone who doesn’t have enough insurance.
Accidents can be overwhelming, but knowing the steps to take afterward can help protect your rights and ensure you’re compensated fairly.
Nevada law requires you to:
Failure to follow these steps could lead to legal penalties, including being charged with a hit and run, which is a serious offense.
Once you’ve followed the legal requirements, here’s what you should do to protect yourself:
Filing a claim can feel like a daunting process, but it’s crucial to ensure you’re compensated for your damages.
In Nevada, you should file an at-fault claim as soon as possible after an accident. Your insurance company will want documentation, including photos of the scene, the police report, and any medical bills if you were injured.
Unfortunately, not all claims are approved right away. Common reasons for denial include:
If your claim is denied, you have the right to challenge it or seek legal help to ensure you’re treated fairly.
The damages you can recover after an accident go beyond just vehicle repairs. Nevada’s at-fault system allows you to seek compensation for a variety of expenses.
This includes repairs to your vehicle or the cost of replacing it if it’s totaled, as well as any personal property that was damaged in the accident.
If you or your passengers were injured, the at-fault driver’s insurance should cover your medical expenses, from emergency care to long-term rehabilitation.
In some cases, you can claim non-economic damages, such as pain and suffering, especially if the accident significantly impacts your quality of life.
Other expenses you can claim include lost wages if you’re unable to work due to injuries, transportation costs while your car is being repaired, and potentially punitive damages if the other driver was especially negligent.
Driving without insurance or with an expired license can complicate matters if you’re involved in an accident.
If you’re in an accident while driving with an expired license, your insurance claim could be denied, and you may face additional legal consequences, including fines or even jail time.
It’s illegal to drive without the required minimum insurance in Nevada. If you’re caught without insurance, you could face steep fines, and if you’re involved in an accident, you’ll be personally responsible for all damages.
After an accident, insurance companies may try to offer a quick settlement that doesn’t cover all your expenses. Having a lawyer on your side ensures you receive the compensation you deserve.
A skilled car accident attorney will investigate your claim, negotiate with insurance companies, and represent you in court if necessary, maximizing your settlement.
If you hire Gina Corena & Associates, we will offer a free consultation to review your case, investigate the accident, and build a strong claim to help you recover the damages you’re entitled to.
A: Yes, Nevada follows a modified comparative fault rule, meaning you can still recover damages if you were less than 50% at fault.
A: You can file a claim under your uninsured/underinsured motorist coverage if you have it.
If you’ve been involved in a car accident in Nevada, don’t navigate the complexities of the claims process alone. Call Gina Corena & Associates at (702) 680-1111 for a free consultation. We’ll help you understand your rights, negotiate with the insurance company, and fight to get you the compensation you deserve.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
