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Nevada is a fault car accident state: What does this mean?

On Behalf of | Jun 25, 2019 | Motor Vehicle Accidents |

Most states abide by either fault or no-fault insurance rules, with some states using hybrids of both. These rules dictate how a victim should seek financial compensation for his or her injuries and damages after a car accident.

Most states use fault-based rules, with only 12 no-fault states. Like the majority, Nevada is a fault, or tort-based, car accident state. In a fault-based state, someone involved in an auto accident seeks benefits from the at-fault party’s insurer.

Nevada’s auto insurance rules

The fault-based insurance system in Nevada requires all drivers to carry minimum amounts of vehicle insurance. Drivers must pay for at least $25,000 in bodily injury coverage per person, $50,000 per accident and $20,000 in property damage coverage. It is optional for a driver to purchase more than these minimum amounts. Failure to carry adequate insurance is against the law and could result in penalties.

 Determining fault for a car accident in Summerlin

After a car accident in Summerlin, one of the first tasks a victim has is to determine who or what caused the crash. Identifying the at-fault party may require a police investigation. The police can interview eyewitnesses, photograph the crash scene and take other measures to determine fault.

Once a victim understands who most likely caused the crash, he or she files a claim with that person’s insurance company. The insurance company reviews the claim and issues an acceptance or denial. A denial could lead to a personal injury lawsuit against the at-fault party.

Lawsuit vs. insurance claim in Nevada

A car accident lawsuit can result in greater compensation than an insurance claim, especially if the case involves serious or catastrophic injuries. A lawsuit may be necessary if the insurer refuses to take responsibility for the accident.

Nevada’s fault-based system allows anyone to take a car accident claim to court. In no-fault states, on the other hand, only victims with serious injuries may file lawsuits. Regardless of the severity of the injury, car accident victims have legal remedies available to them in Summerlin.