No, Nevada is not a no-fault auto insurance state. Rather, it’s an at-fault state. If you suffered injuries in a car accident in Nevada and are confused about the state’s car accident laws and how to seek compensation for your damages, read this blog post. It simplifies Nevada car accident laws.
What Is an At-Fault Rule, and How Is It Different From No-Fault?
Most states follow the fault-based system, and Nevada is one of them. In Nevada, whoever is at fault in the accident becomes responsible for the victim’s injuries.
Thus, if another driver caused your car accident, Nevada law requires them to compensate you for your losses.
Difference Between At-Fault and No-Fault Rule
When an accident occurs in an at-fault state, victims are required to file their claim with the at-fault driver’s insurance company. Alternatively, in a no-fault state, victims are required to turn to their insurer first for compensation.
Thus, in Nevada, you need to file your car accident claim with the defendant’s insurance company to recover losses, unlike in no-fault states.
Furthermore, in no-fault states, you generally have the ability to recover limited compensation initially.
For example, in Florida, the law requires you to carry a minimum of $10,000 for Personal Injury Protection (PIP) and $10,000 for Property Damage Liability (PDL). So when a car accident occurs, and you turn to your insurer, it will cover your expenses up to only $10,000. To recover more than this, you need to prove that your injuries are severe and file a lawsuit or separate claim with the defendant’s insurer.
In at-fault states like Nevada, you don’t have to face this barrier and can recover the compensation you deserve in a single proceeding. Every motorist in Nevada must carry insurance that covers:
- Minimum $25,000 coverage for bodily injury for one victim.
- At least $50,000 coverage for bodily injury for all persons injured in an accident.
- A minimum of $20,000 coverage for property damage.
As the above-mentioned coverage already provides significant protection for your losses, you also have the option to include non-economic damages in your claim, unlike PIP policies.
Nevada Follows a Modified Comparative Negligence Rule.
The modified comparative negligence rule allows you to recover compensation for your damages even if you share fault in a car accident. However, the court will decrease your compensation amount depending on the percentage of your fault.
For example, if the court determines you are 30% at fault for the car accident and grants $100,000 in compensation, you will only be able to recover $70,000.
However, it’s important to note that your level of fault should not be greater than the defendant’s. In other words, it should not exceed 50%, otherwise, the law will prevent you from recovering any amount.
Time Limit for Filing Your Car Accident Lawsuit
You have only two years to file your car accident lawsuit in Nevada. This two-year period starts from the day of your crash.
Discuss Your Car Accident Case With D.R. Patti and Associates Today
Did someone else cause your injuries and leave you alone to navigate the challenges? If yes, contact us.
D.R. Patti & Associates is an exclusive personal injury law firm that understands your struggles. We provide a free consultation service and can answer all your questions and provide the support you need.
Our car accident lawyers have helped many residents in Nevada whose lives were profoundly affected by a car crash. Do not wait; discuss your situation with us today. Remember, you have only two years to pursue your claim.