Nevada’s auto accident laws are designed to manage and resolve issues that arise from vehicular accidents in the state. These laws cover a range of regulations and procedures, including determining fault, filing claims for damages, and understanding the rights and responsibilities of all parties involved.
If you’re involved in a car accident in Nevada, these laws guide how you should proceed, whether seeking compensation for injuries or damages to your vehicle or defending against a claim.
Is Nevada a No-Fault State?
You might wonder: Does Nevada follow fault rules for auto accidents? Or is it no-fault? To answer this, Nevada is not a no-fault state. If you are a car accident victim, you can bring an auto insurance claim against the person responsible. An auto accident attorney will help you through the process after a car crash.
Las Vegas is one of the most well-known locations in Nevada, and it follows all state laws. While accidents may occur in any situation, it’s essential to be aware of how to drive well in a busy city like Las Vegas to make travel much safer.
What Does It Mean to Be an At-Fault State?
In the context of auto insurance and traffic laws, being in an “at-fault state” means that the state uses an at-fault, or tort, system to determine who is financially responsible for damages and injuries resulting from a car accident. Here’s how it generally works:
- Determination of Fault: After a car accident, insurance companies investigate which party is at fault based on evidence from the accident scene, police reports, witness statements, and other relevant information.
- Financial Responsibility: The driver found to be at fault (and their insurance company) is primarily responsible for paying for the damages and medical expenses of the other party involved in the accident. This can include vehicle repairs, medical bills, lost wages, and pain and suffering.
- Insurance Claims: In at-fault states, the not-at-fault party can file a claim against the at-fault driver’s insurance policy to cover the costs of damages and injuries. The at-fault driver can also file a claim with their insurance if they have the appropriate coverage, such as collision for vehicle damage or medical payments/personal injury protection for their injuries.
- Potential for Legal Action: If the insurance claim does not fully cover the damages or if there’s a dispute over fault, the parties involved may pursue legal action. The not-at-fault party can sue the at-fault party to recover additional compensation for their losses.
Understanding Auto Accident Laws in Nevada
Auto accident laws in Nevada enclose several regulations and statutes that drivers, passengers, and pedestrians should be aware of if they are involved in or affected by a motor vehicle accident in the state. Here’s an overview of key points regarding auto accident laws in Nevada:
1. Fault-Based Insurance System
Nevada uses a fault-based (or “at-fault”) system for auto accidents. This means the driver determined to be at fault for causing the accident is also responsible for any resulting damages. Victims can pursue compensation through the at-fault driver’s insurance company, file a claim with their insurance company (who will then seek reimbursement from the at-fault driver’s insurer), or take legal action in court.
2. Insurance Requirements
Nevada law requires all motor vehicle operators to carry a minimum amount of liability insurance:
- $25,000 for bodily injury or death of one person in any one accident.
- $50,000 for bodily injury or death of two or more persons in any one accident.
- $20,000 for property damage per accident.
These are often referred to as 25/50/20 coverage.
3. Comparative Negligence
Nevada follows a “modified comparative negligence” rule. This means that a damaged party can still recover compensation if they are partially at fault, as long as their level of fault does not exceed 50%. The percentage of fault will reduce the compensation awarded. They cannot recover any damages if their fault is 51% or higher.
4. Statute of Limitations
For personal injury claims arising from an auto accident, Nevada sets a statute of limitations of two years from the date of the accident. Property damage claims must be filed within three years from the accident date. Failing to file within these time frames typically means you lose the right to sue.
5. Reporting Requirements
Nevada law requires that any auto accident resulting in bodily injury, death, or property damage exceeding $750 be reported to the Nevada Department of Motor Vehicles (DMV). This is often done through filing a Report of Traffic Accident form (SR-1) with the DMV.
6. DUI Laws
Driving under the influence of alcohol or drugs (DUI) is a serious offense in Nevada. The state has strict penalties for those caught driving with a blood alcohol concentration (BAC) of 0.08% or higher or under the influence of controlled substances. Penalties can include fines, license suspension, and even jail time, especially for repeat offenders or if the DUI resulted in an accident causing injury or death.
What Are My Obligations After an Auto Accident in Nevada?
Since Nevada is an at-fault state, the way you handle the aftermath of an accident is crucial in terms of getting the compensation you deserve. One of the most important aspects of a claim is determining who is at fault for it. You need to be sure you have all possible evidence to show that you did nothing wrong. While at the scene of the crime, reach out to the police and take photos (and videos) of the scene.
According to the Nevada car accident laws, you must exchange your information with the other driver. You should also get their contact info. Photos you take along with a police report and information from witnesses can go a long way toward proving the accident was not your fault. From there, speak with a car accident attorney as soon as you can. They’ll help you keep evidence preserved for your claim.
Do I Need to Report Accidents to My Auto Insurer?
In most cases, your auto insurer will require you to both notify them and file a claim if you have been in an accident. This is especially important if multiple vehicles were involved. However, some people choose not to make a claim in the situations below:
- Nobody is injured and the responsible person is willing to pay for the damage to the vehicles.
- The accident involves an object and the driver wants to pay for repairs on their own.
If an officer makes a report on the accident, it’s best to report the situation to your insurance. They can take care of the process moving forward. Choosing not to report could lead to issues with insurance coverage in the future.
Securing Your Rights with a Nevada Personal Injury Lawyer
Nevada’s Auto Accident Laws are crucial for anyone involved in a vehicle collision. These laws detail the rights and responsibilities of all parties involved and are key to navigating the aftermath of an accident. In the event of an auto accident, having experienced legal representation can greatly affect the outcome of any claims or disputes.
Temple Injury Law specializes in Nevada’s auto accident laws, offering professional assistance and support to protect your rights. Schedule a consultation with Temple Injury Law to explore the best legal options. Our experience can offer clarity and direction to address any challenges and effectively seek the compensation you deserve.