Nevada follows a comparative negligence rule that allows plaintiffs in a personal injury case to get compensation for their damages – but with a catch.
The plaintiff only recovers a percentage of their losses provided the defendant was more than 50% liable for the accident.
The comparative negligence rule is sometimes referred to as ‘shared fault,’ ‘comparative fault,’ ‘modified comparative fault’ or ‘modified comparative negligence.’
Under the state’s shared fault rule, if you are partly to blame for the accident that resulted in your injuries and damages, the total financial compensation you’d get would be cut by your percentage of blame for the accident.
So to answer the question is Nevada a no-fault state; Nevada is not a no-fault state. It is a fault state (or tort state), so the person who is responsible for the accident is liable for the resulting injuries and damages.
In a no-fault state, drivers don’t have to prove who was liable for a car accident because the insurance settlement isn’t pinned on fault. But for a fault state, compensation is only issued when a fault is determined, and the at-fault driver’s insurer is responsible for covering all damages and injuries.
So what does this mean?
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So basically, instead of collecting compensation from your insurance company, you’ll file a claim to recover a settlement from the defendant’s insurance provider.
But before you get the compensation for your injuries and damages, you will need to prove fault, which is usually easier said than done.
Remember, insurance companies are in it for business, so they won’t release the settlement funds without putting up a fight.
As many like to put it, the at-fault’s insurance company doesn’t have your best interest at heart. It’s therefore essential to have legal representation by your side because they know how to deal with insurers and how to make them compensate you.
“Tort” means you may and are allowed to sue the defendant for injuries. This enables you to recover the full amount according to the defendant’s insurance policy – but your claim could help you secure additional damages like pain and suffering, lack of enjoyment in life and so on which are usually not included in a majority of car insurance policies.
What if the other driver is uninsured or uninsured?
There are instances where the accident happens, and the liable party is not adequately insured (or worse, uninsured).
It’s also possible for someone to cause an accident, and instead of staying at the scene, they flee. In such cases, you will have to use your UM/UIM.
However, the best thing that you can do if you find yourself in such a situation is to get the advice of a lawyer.
Often, they have a good understanding of the processes and will advise you on what you need to successfully recover your damages and injuries using the UM/UIM clauses.
What’s the statute of limitation?
You have two years from the accident date to submit your petition; otherwise, the court will dismiss your suit irrespective of its merit.
The limit is placed to prevent the at-fault parties from having to defend themselves when they’ve already forgotten how the events unfolded.