Is Nevada A No-Fault State for Car Accidents?
Regardless of the type of wreck you’re involved in, Nevada car accident laws and car insurance regulations will play a heavy-hand in your claim. From fender benders to catastrophic accidents, you may find yourself wondering “is Nevada a no-fault state?” after all, fault laws can make all the difference in calculating your final settlement.
Is Nevada a No-Fault State?
Fault is determined on a state-by-state basis. Nevada is considered a fault state, which means the person determined to be “at fault” for the car crash is held financially responsible for the injuries and damages sustained.
What is a fault vs no-fault state?
No-fault state: Drivers do not have to prove negligence in an auto accident and therefore insurance compensation is not contingent on fault.
Fault state: To receive compensation from an accident, negligence must be proved and the at-fault driver’s insurance company will be responsible for any damages accrued.
What Are Nevada Car Accident Laws?
Nevada has also adopted a modified comparative negligence rule that permits fractional proportional recovery for victims found less than 50 percent responsible for the accident. This may sound a bit confusing, so let’s dig in a bit deeper with an example to provide some clarity:
Taylor is speeding down Rainbow Blvd. because she is running late to a dinner date. Mike is preparing to make a right-hand turn on Rainbow Blvd. He sees Taylor’s car, but he knows the speed-limit on Rainbow Blvd. so he approximates that he will have enough time to make the turn before Taylor’s car approaches. Taylor is texting while driving and is not paying full attention to the road. She hits Mike’s back driverside door, leaving them both injured.
In this scenario, it is determined that Taylor had the right-of-way; however, she did not practice reasonable care while operating her vehicle. It is determined that Taylor is held 25 percent liable, and Mike is held 75 percent liable. Therefore, the total settlement award that Taylor receives will be reduced by 25 percent.
How Is Fault Determined?
Establishing fault in Nevada is not always cut and dry. Insurance adjusters are tasked with collecting as much information as they can to calculate fair settlement amounts. Moreover, it is not at all uncommon for the insurance company to place an apportionment of fault on you, the victim, regardless as to whether or not you accept responsibility.
Some of the biggest influencers in calculating your final settlement amount will hinge on the following:
- Whether or not you were obeying traffic rules;
- The roadway and weather conditions at the time of the accident;
- Police reports;
- Witness statements;
- Whether or not any of the drivers admit fault;
So, is Nevada a no-fault state? No, it is not. Therefore, you can rest assured you will achieve a healthy financial recovery if you have been injured by a negligent driver. When dealing with insurance companies, you should bear in mind that they will do everything in their power to withhold as much money as possible. They are no concerned with your injuries. They are concerned with keeping a healthy bottom line. This is one of the many reasons why it is important that you speak with our Las Vegas car accident lawyer BEFORE speaking with the insurance companies.
When To Contact An Attorney
Car accidents are one of the most stressful things a person can endure. Even if they are minor. You should not have to navigate the complicated legal process alone. That is why at the Injury Firm, every consultation is free. We don’t collect a fee until AFTER we’ve paid you. Contact our personal injury lawyers at the Injury Firm today for your free consultation at (702) 800-0988. With our law firm, you can trust that your accident lawsuit is in the best hands possible.