After a car accident, you are likely wondering who is going to pay for your medical bills and other losses. After all, most car accidents occur because one of the drivers is at fault. It might seem logical that the at-fault driver should be responsible for the damages, but that is not the case in every state.
Most states follow either a no-fault or at-fault insurance model. The model they follow dictates how damages are apportioned and paid following a personal injury accident. Nevada follows an at-fault insurance system, and this means that you may be able to hold the at-fault driver responsible for your medical bills, lost wages, pain and suffering, and more.
How Does No-Fault Insurance Work?
No-fault insurance covers your injuries regardless of who caused the accident. States that follow a no-fault system require drivers to carry personal injury protection (PIP) insurance coverage. After an accident, you would file a claim with your own PIP coverage. There is no requirement to prove fault for the claim to proceed.
PIP coverage does have a few benefits. Typically, claims are paid faster, so victims are able to get access to the money they need quickly after an accident. Additionally, fewer of these claims tend to end up in court.
However, there are some drawbacks to PIP coverage in states that follow a no-fault system. First, PIP coverage typically only covers your medical bills and lost wages. You cannot recover any pain and suffering damages under your PIP policy. Plus, generally speaking, you cannot file a claim against the at-fault driver unless you suffer serious injuries.
How Does At-Fault Insurance Work?
Most states, including Nevada, follow an at-fault auto insurance system. Under this type of system, the driver who caused the accident can be held liable for all the resulting damages. To win a personal injury claim, an injured victim would need to provide evidence that proves the other driver’s liability.
Following an accident, a victim may file a claim directly with the at-fault driver’s insurance. Additionally, victims have the legal right to bring a personal injury lawsuit against the at-fault driver for their damages. States that follow at-fault systems require drivers to carry liability insurance coverage. More about those requirements is discussed in the next section.
Minimum Insurance Requirements in Nevada
In at-fault states, you can be held liable for damages if you cause an accident. For this reason, those states require drivers to carry minimum levels of liability insurance coverage. According to the Nevada Department of Motor Vehicles (DMV), the minimum insurance requirements in the state are:
- $25,000 for bodily injury or death to one person in one accident
- $50,000 for bodily injury or death to two or more persons in one accident
- $20,000 in property damage in any one accident
In some situations, the damages resulting from an accident may be more than the limits mentioned here. In that case, a victim might have to use their own uninsured or underinsured motorist coverage to make up the difference. While this coverage is not mandatory in Nevada, it is always a good idea to add it to your policy just in case.
What Is Comparative Fault?
People often wonder if they can still recover damages even if they are partially to blame for their accident. States also differ on how they treat this issue, but most (including Nevada) follow some form of what is called “modified comparative negligence.”
Nevada follows this framework with a 51% bar (other states have a 50% bar instead). Under this rule, you can still recover damages as long as you are found to be less than 51% responsible for your accident. However, your damages will be reduced by your portion of responsibility.
Damages Available in At-Fault Accident Cases
Accident victims in at-fault states may be entitled to recover both economic damages and non-economic damages. This means that they can recoup their financial losses as well as get paid for their physical and emotional suffering. Some common examples of damages in Nevada accident cases include:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Emotional distress
- Anxiety
- Depression
- PTSD
The specific damages available in your case will depend upon your injuries and how they affect your life. An experienced personal injury lawyer can help you identify all your damages and hold the at-fault party accountable.
Contact a Las Vegas Car Accident Lawyer for Help
If you have been hurt in an accident in Nevada because of someone else’s negligent behavior, you may be entitled to significant compensation. The team at Battle Born Injury Lawyers has more than 85 years of combined experience fighting for the rights of injury victims, and we can help you too. Contact our Las Vegas car accident lawyers today to schedule a free consultation at 702-570-9000 and learn more about your legal options.
