Don’t Play the Odds On Your Las Vegas Car Accident Claim
Updated: Sep 23, 2024
There’s a lot more to Las Vegas than the Strip and Freemont St. Vegas is a thriving metropolis with plenty of streets, intersections, and highways. While your chances are dying in a car accident are surprisingly low, the same can’t be said about your risk of suffering injuries.
An estimated 43% of car collisions result in injuries and these aren’t great odds in your favor. Since you can’t prevent or avoid every car accident, it’s a good idea to know what to do if you’re injured in a collision.
Navigating Nevada Insurance Laws
Nevada’s insurance laws are pretty straightforward. Nothing surprising is going to pop up to make it more challenging to file an insurance claim. Nevada follows at-fault insurance rules—so, the at-fault driver’s insurance provider is responsible for covering your damages. You file your accident claim against the at-fault driver's insurance provider and go through the often lengthy process.
So far, everything seems fairly simple. You file a claim, go through negotiations, reach an agreement, and receive your settlement check.
Guess what? You may also be dealing with comparative negligence rules, which only applies if you’re assigned some of the blame for the accident.
Nevada allows drivers to receive up to 51% of the blame before they can no longer file a claim against the at-fault driver’s insurance provider. How does comparative negligence impact an accident claim? Your settlement amount is reduced by your percentage of fault.
For example, if your accident claim is for $100,000 and you’re assigned 50% of the blame, your settlement check will be for $50,000.
Who assigns blame for an accident? This can depend but it’s usually up to law enforcement and the insurance adjuster. If you feel like you’re assuming more than your fair share of the blame, you can file an appeal in civil court.
A judge or jury will review the accident details and make a determination. Your percentage of fault may be reduced, increased, or remain the same. After filing an appeal, this is usually your last legal option. You’re stuck with whatever the court decides.
Protecting Your Odds In a Vegas Car Accident Claim
Some things are okay to gamble on like a football or baseball game. You can even place bets on your lucky numbers. However, you don’t want to roll the dice when it comes to filing an accident claim.
If your claim is unsuccessful, there’s a good chance you’re responsible for covering all of your damages. To help protect your claim, there are a few things to do immediately after the accident.
Immediately Call the Authorities
Nevada law doesn’t require immediate reporting of all traffic accidents, only those where injuries or fatalities are present or property damage exceeds $750. This doesn’t mean it’s a good idea to drive off after a minor collision in a store parking lot.
If you’re considering filing an accident claim, you need to report the collision. You’re going to need a copy of the report to prove the accident even occurred. You can wait up to ten days to file an accident report, but by then, evidence is often destroyed, and proving your claim can be challenging.
Something else to consider is comparative negligence. When you immediately report the accident, the authorities are in a better position to establish blame. This can help ensure you’re not unfairly assigned fault.
Document the Accident Scene
If your injuries are severe, skip this step and seek immediate medical attention. Let the authorities and your accident attorney handle this step. Your health is always more important than any evidence you may gather.
However, if you can try to document the accident scene, this doesn’t mean getting in the way of professional investigators.
Your goal is to help support your claim and not make their job more difficult. Grab your cell phone and take some pictures of your vehicle damage. Try to get a shot of the vehicle’s position, as this can help prove fault if it becomes a question.
Take notes on the location of any surveillance cameras, this includes traffic cameras. The footage can be invaluable evidence, especially if you’re concerned about blame. If you have any visible injuries, go ahead and take a few pictures. Sometimes, pictures can help prove certain aspects of your claim better than written reports.
Seek Medical Treatment
If you haven’t been checked over by a physician, make an appointment. Remember, your health should be a priority. Even if you feel fine, schedule a visit with a physician. You may have internal injuries or soft tissue damage. The signs and symptoms associated with these types of injuries can take a while to appear.
Besides, you’re going to need copies of your medical records if you’re planning on listing your injuries as part of your accident claim.
Contact the Insurance Company
Yes, you’re still calculating your damages but this doesn’t mean you can’t give the insurance company a head’s up that you’re planning on filing a claim. Not only can this help get the ball rolling on the claim process, but you can also learn some invaluable information.
Some insurance providers have deadlines for filing claims after an accident. If you miss a deadline, you may not be able to receive compensation for your damages. There may also be caps on the policy which can limit your compensation amount, which is helpful information you should know before filling out the insurance paperwork.
What you shouldn’t do is get into detail about the accident or your damages—this isn’t the time and the insurance adjuster can use your statements to try and devalue your claim. Keep the conversation short and pleasant. Refer any additional communication to your personal injury attorney.
Retain Legal Counsel and Boost Your Odds
The best way to increase your odds in a personal injury claim is to work with an experienced accident attorney. Your attorney understands the ins and outs of the legal system and is familiar with the personal injury claim process.
Letting your attorney handle the legal aspects of your claim can help ensure you receive fair compensation.