Even a safe driver can be the victim of a car accident because of the negligence of another driver. The state law determines the fault and avenues associated with compensation in auto accident cases.
You are confused about the no fault laws and fault laws. Well, the former drivers don’t need to prove who caused the car crash. Each party’s insurance company pays the compensation against injuries and unemployment. In fault law there is a need to prove the party at-fault. It is the responsibility of the at-fault driver’s insurer to compensate for the plaintiff’s damages and injuries.
Does Nevada have no fault auto insurance? Nevada is still known as tort state, where the person responsible for the accident is also liable for the injuries and damages. In Nevada, modified comparative negligence law gets considered.
What is modified comparative negligence theory?
It is a system, where each driver involved in an accident bears a certain level of responsibility for the horrible situation. If the drivers of both vehicles were speeding when the accident occurs then both will be partially held responsible but if one driver had a reckless driving behavior then his/her fault percentage gets elevated over the other.
For example, John is driving 9 MPH over the speed limit but still following rule roads, while Susan was driving 15 MPH over the speed limit but even texting at the same time. Here John will be held 9% responsible, while Susan will bear 91% of being at-fault.
In personal injury claims, the court diminishes total damages but compensation amount is determined on the driver’s at-fault percentage. It means if total compensation was $15,000 then John [9% at-fault] would receive maximum $13,650 but Susan will get no compensation. In Nevada, any driver that is at-fault for more than 50% in car crash loses their right for compensation under modified comparative fault rules.
At-fault percentage aspect is considered not just in the courtroom but even during settlement negotiations with insurers.
At-fault associated with personal injury claims are subjective
The laws regarding at-fault car accident cases are clear but the application of these are not straightforward. For example, if both the drivers involved were similarly reckless and there was a third party element responsible then the circumstances as well as people involved can impact the final decision of at-fault percentage.
Clear accident documentation as well as strong lawyer representing you can increase the possibility that this accident case will go for a trial or prevail in settlement negotiations. Having a car accident lawyer by your side ensures that there is fairness in every aspect and each party involved adheres to the law, while determining at-fault driver as well offering fair compensation to the not at-fault driver.
If you get involved in a car accident then there are a few different options to get compensated for injuries or property damages.
- File claim for personal injury with your own car insurer
- File 3rd party claim with involved other driver’s insurance company
- File personal injury litigation against at-fault driver
Hire an experienced Nevada car accident lawyer, so that you get fair compensation for your injuries and other damages.