Is Nevada A No Fault State

Is Nevada a No-Fault State for Car Accidents?

Nevada car accident laws state that Nevada is not a no-fault state but an at-fault state.

This means that in Nevada, the negligent driver who is found to be liable for an auto accident will be responsible for compensating the victim for the injuries and damages the accident caused.

The at-fault driver's insurance company typically covers the car accident claim; however, car accidents involving uninsured drivers may leave the victim needing to seek compensation from their own auto insurance policy.

Nevada Car Insurance Requirements

Nevada at-fault auto insurance laws outlined under NRS 485.185 state the minimum liability coverage a driver should carry if they are responsible for an accident under the fault system.

• $25,000 for bodily injury or death of one person in an accident
• $50,000 for bodily injuries or death of two or more people in an accident
• $20,000 for property damage

Nevada law requires this minimum threshold of insurance, often referred to as 25/50/20 coverage.

Who Pays for Injuries in a No-Fault State?

In fault states such as Nevada, the at-fault driver is liable for paying the injured driver's medical bills.

In the fault system, this is usually done through liability insurance (fault insurance), in which fault states require their drivers to carry a minimum amount and can cover any medical bills, lost wages, or pain and suffering a car accident may cause.

However, in a car accident case involving an underinsured/uninsured at-fault driver, the victim may need to utilize other sources of compensation, such as medical payments coverage, to pay for medical expenses.

Who Pays for Car Damage in a No-Fault State?

In a no-fault state, the driver at fault for the car accident will be required to pay for the resulting property damage (car damage) through their own insurance.

Nevada's Comparative Negligence Rule

In the U.S., there is pure comparative negligence and modified comparative negligence, and Nevada follows a modified comparative fault rule.

This rule allows multiple parties to be at fault for a car accident but still allows an at-fault party to recover compensation.

However, under Nevada's modified fault laws, if a party is found to be 51% or more at fault for an accident, they will be barred from recovering any compensation from the insurance companies.

At-Fault vs. No-Fault States

A personal injury claim will be handled differently depending on whether the state is a no-fault or fault state.

Understanding the difference is crucial for anybody filing an insurance claim after a car accident.

At-Fault States

At-fault states such as Nevada follow a tort-based system that typically goes by:

• Determining Fault: Fault must be determined after a car accident in order to determine who is liable for covering the damages.
• Compensation Through Liability Insurance: The driver at fault for the accident will have to use their liability insurance to pay for the injuries and damages of the other parties involved. If the liable driver's insurance does not entirely cover all of the expenses caused by the accident, victims may need to file a claim with their own insurance companies or file a lawsuit.
• Shared Fault: Most at-fault states have shared fault rules, in which multiple drivers can be at fault for the accident and have their compensation reduced by the percentage they're found to be at fault.

No-Fault States

No-fault states follow a different system, which includes:

• Use of Personal Injury Protection (PIP): In no-fault states, injured motorists must use their own PIP insurance, regardless of fault, to cover their injuries and other damages. However, PIP does not cover damages related to personal property, such as car damage.
• How Property Damage Is Paid For in No-Fault States: In no-fault states, drivers use their own PIP insurance to pay for medical expenses. However, the at-fault driver will be liable for paying for property damage, such as car damage.
• Harder to Sue: No-fault states make it harder to file a lawsuit as these states set it where drivers can only sue if their injuries meet a certain threshold.

How to Prove Liability in an At-Fault State

Proving fault in a no-fault state such as Nevada requires a vast understanding of the legal system and typically requires assistance from an experienced Nevada car accident attorney, as you must establish and prove 4 elements, which could be difficult for a car accident victim to do alone.

Duty of Care

In order to prove fault, you must first provide that the driver had a duty of care, which is almost the case since all drivers owe others on the road to follow traffic laws and drive safely.

Breach of Duty

After establishing that a driver owed you a duty of care, you must prove that the driver breached their duty of care.

You can demonstrate a breach of duty of care by proving that the other party acted negligently by speeding, drunk driving, or driving recklessly.

Cauastaion

Now, you must demonstrate that the breach of duty was a direct or partial cause of the accident and your damages.

An example is if the defendant ran a red light and collided with your vehicle.

You'll need to link how their negligent act resulted in your injuries and damages.

Damages

To obtain your rightful compensation, you must prove that the injuries and damages you suffered were a direct result of the car wreck.

Proving non-economic and economic losses can be made by gathering evidence such as medical records and expert testimonies.

How Can a Nevada Car Accident Lawyer Help You

Following a car crash, it's crucial to have an experienced attorney to help you recover damages.

However, out of all of the car accident lawyers out there, it's important that you choose the Las Vegas personal injury attorneys with the most experience, such as those at The Rodney Okano Car Accident Lawyer Law Firm.

With over 20+ years of litigating and handling auto accidents, our Nevada Personal Injury Lawyer, Rodney Okano, will help you handle the insurance company, file a claim, and obtain the compensation you're entitled to.

Schedule a free consultation with experienced lawyer Rodney Okano by calling (702) 566-3600. 

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