For most car accidents, you can receive compensation by filing a claim with the insurance company, especially if your injuries and the other driver’s fault are well documented. However, if your losses are significant, you may face challenges in obtaining the full compensation you deserve. In such cases, a car accident lawsuit might be necessary, especially if you’ve suffered nonmonetary losses, such as emotional trauma, that require compensation.
In the following sections, you’ll learn about the laws governing auto accident lawsuits, the time limits for filing a suit, how fault impacts how much money you can recover and how a car accident lawyer can assist you.
Nevada Statute of Limitations for Car Accident Cases
The statute of limitations establishes a strict deadline for filing a lawsuit for obtaining compensation. According to these laws, if you are involved in a car accident and suffer physical and emotional injuries, you must file your lawsuit in court within two years from the accident date. This deadline applies to anyone injured in the car accident, including drivers, passengers and pedestrians.
However, some exceptions can alter the statute of limitations.
Wrongful death. If a victim dies from their injuries, the surviving family members can file a wrongful death suit within two years of the victim’s death, which may differ from the accident date.
Property damage. If your car or other property sustained damage, you can file a property damage claim within three years from the accident date.
Minor victims. If the injured party was a minor at the time of the accident, they can wait until their 18th birthday to file a claim, at which point they will have until their 20th birthday to do so.
It’s important to file your lawsuit within the deadline. If you attempt to file after the time limit has expired, the defendant can file a motion to dismiss the case, and the court will likely grant it unless you qualify for an exception. Once the court dismisses your case, you lose the opportunity to pursue compensation.
Nevada Laws for Car Drivers
Nevada requires all drivers to carry minimum liability car insurance coverage. This comes into effect if you’re in a car accident you caused and will cover the injuries of those harmed.
The minimum coverage you’re mandated to carry is:
$25,000 for bodily injuries per person
$50,000 for total bodily injuries per accident
$20,000 for property damage
Remember, this coverage does not protect you, your passengers or your property in an accident. Other types of coverage, such as collision coverage, comprehensive coverage and medical payments coverage, are better suited to cover your own medical and property damage costs even if you’re at fault for an accident.
Also there’s underinsured and uninsured motorists to consider, who make up approximately 8.8% of Nevada drivers. If you’re in an accident where the driver lacks insurance or sufficient coverage to pay for your losses, you might face challenges. For this situation, you can arm yourself with uninsured or underinsured motorist coverage, which can protect you by covering your expenses when the at-fault party lacks adequate insurance.
Reporting a Car Accident
If you’re in a car accident in Nevada, first and foremost, you must stop your vehicle and remain at the site. Leaving the accident scene without exchanging information is a crime. If you, a passenger or the other driver needs medical help, call 911 immediately.
While you don’t want to flee the scene or abandon the vehicle, you’re allowed, if able, to move your vehicle to a safer location, away from the oncoming traffic.
You’re also required to exchange names, driver’s license numbers, addresses and insurance details with the other driver, regardless of who was at fault. At this point, it’s also a good idea to take pictures of the accident scene and any car crash injuries and note down contact details of any eye witnesses. All of this will come in handy later if/when you file a claim or lawsuit.
Also, legally, Nevada requires you to notify the police or Nevada Department of Motor Vehicles about the accident if it involves an injury, death or property damage exceeding $750. You must file a car accident report within 10 days of the accident. Failing to report under these conditions can result in a license suspension for up to one year. You’ll also have to inform your insurance company about the incident within 24 hours.
Damage Caps
Nevada does not impose limits on damages for losses such as medical bills, car repairs, lost income or emotional injuries. However, there are some exceptions.
If your accident was caused by a government employee, such as a police officer, and it happened while they were acting within the scope of their employment, the amount you can obtain through a lawsuit is capped at $200,000 and punitive damages—a type of compensation intended to punish the wrongdoer—cannot be awarded.
In all other car accident cases, punitive damages are capped at $300,000 if your compensatory damages are less than $100,000 or three times the compensatory damages if they are $100,000 or more.
Identifying Fault for Car Accidents in Nevada
When involved in a car accident caused by someone else, you can seek compensation from their insurance or pursue damages through a lawsuit. However, when both parties share fault in an accident, Nevada follows the modified comparative negligence rule. Under this rule, you can recover compensation if your fault for the accident is 50% or less. If your share of fault is higher than the other party’s, you cannot seek compensation.
Even if you are eligible for compensation but share some fault (e.g., 20%), your total recovery will be reduced by that percentage.
For example, if a vehicle rear-ends you but the court finds you were slightly speeding while driving, you may be found 30% liable while the other party is 70% liable. If total damages amount to $50,000, you can collect $35,000. But, if you’re found 51% liable, you cannot collect anything.
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Publish date : 2024-09-19 09:20:00
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