A state’s position on fault can determine the range of options open to litigants injured in a car accident. If you’re wondering, “Is Nevada a no-fault state?” read on to learn how fault laws in Nevada can impact your car accident claim.
Fault or No-Fault State? Nevada Car Insurance Laws
In some dozen states around the country, victims injured in a car accident are limited to recovering economic damages solely from their own insurance provider, regardless of who was at fault, unless their injuries or damages clear a certain threshold. These states are known as no-fault states for car insurance purposes, and accident victims options are more limited under said systems.
Fortunately for Nevada residents, the Silver State operates under the more traditional—as well as prevalent—system of fault-based auto insurance and civil remedies. This system means that the party responsible for an accident can also be liable for damages sustained by the victim. In practice, the at-fault party’s insurance will absorb the cost of the damages, at least up to the policy limit.
Another advantage to the fault system, at least for car-accident litigants, is that filing a personal injury claim or a third-party insurance claim allows them to potentially recover even non-economic damages, such as pain and suffering. Under the no-fault PIP model, injured drivers are limited to receiving purely economic damages.
Car accident victims have three ways to initiate a complaint against the at-fault party in order to recover damages. One way is to file a claim with their own insurer to recover damages; the insurance company will then likely pursue a claim against the at-fault party’s insurer.
Another way is to file a personal injury claim in court against the at-fault party. Finally, injured drivers can take action by presenting a claim directly with the at-fault party’s insurance company.
Other Limitations on Your Car Accident Claim
Some states have limits on the amount of damages that can be collected by litigants in a personal injury claim. In Nevada, however, there are generally no limits on the monetary recovery available to car accident victims, which means you could win compensation for damages including:
- Medical bills
- Lost wages from missed work
- Pain and suffering
- Property damages
- And more
One specific limit on personal injury recovery involves punitive damages. These are generally only awarded in cases where the at-fault party showed considerable negligence, and can be limited to $300,000 or three times the total amount of your compensation if it is greater than $100,000.
Another limitation involves the timeline in your case. Car accident plaintiffs have two years from the date of their accident to file a claim, after which a judge is likely to dismiss the complaint.
Contact a Las Vegas Car Accident Lawyer
Have you been injured in a car accident? The legal team at Adam Smith Law is recognized in Las Vegas for their work recovering compensation for its clients and can help you with your case, too.
Call 702-929-2289 or fill out the form below to speak to a Las Vegas Car Accident Lawyer from Adam Smith Law.
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