If you are a driver injured in a car accident in Nevada, you need to report it to the police and to your auto insurance carrier right away. If for some reason police do not investigate an accident that has caused injury, death or $750 or more in property damage, the drivers involved are required by law to report the accident to the Nevada Department of Motor Vehicles within 10 days.
Many people are reluctant to notify their auto insurer after a minor accident because they think informing the insurer will lead to higher insurance premiums. But simply notifying your auto insurer of a car accident does not mean you are filing a claim. And filing an insurance claim is not to same as filing a lawsuit asking a court to order a defendant to pay you compensation for losses in a car accident.
In Nevada, you have two years from the date of the injury to file a personal injury lawsuit seeking compensation for your medical bills and related losses. Filing a lawsuit generally follows filing an insurance claim and attempting to negotiate a proper payment.
Investigating an accident and preparing a claim take time. It is best to seek the guidance of an experienced attorney as soon as possible after being injured in a car accident that was someone else’s fault. If you contact Sam & Ash, LLP after a car accident in Nevada, we can ensure your accident is on the record and your claims for compensation are filed with all relevant parties on time and with supporting evidence. Don’t wait to contact a lawyer until the time is running out on the statute of limitations. Get immediate care, service, and answers from Sam & Ash, LLP now.
What Happens in a Nevada Car Accident Claim
If you have been seriously injured in a car accident that someone else caused, you have the right under Nevada personal injury law to seek compensation for your losses. This may include money for your medical bills, lost income, damage to your car, pain and suffering and more. If there is any reason to dispute your claim that the other driver was at fault, it is up to you to prove your claim.
Initially, you would file a car accident claim with the appropriate insurance company, such as the insurer that sold an auto liability insurance policy to the other driver in the accident. If the insurer declines to pay the claim, you could then file a personal injury lawsuit asking the Nevada court system to agree to order the at-fault party’s insurance company to compensate you.
Under Nevada law, a lawsuit to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another related to a car accident must be filed within two years.
This is from Nevada’s statutes of limitations. The statute sets the maximum period that a person can wait before filing a personal injury lawsuit.
Statute of Limitations for Car Accidents in Nevada
In most cases, you’ll have two years from the date of a car accident to file a lawsuit. But there is a lot that happens before filing a personal injury lawsuit over a car accident.
If you are badly injured (which would be the basis of most claims that result in a lawsuit), you will require time in the hospital and doctors’ offices as well as convalescence at home and possibly rehab before you are recovered. This could take months or more than a year, but this time must pass before you can know the full extent of your medical costs, which helps determine the amount of compensation you will seek.
Your medical recovery is just one way the time required to file a legal claim slips away after a serious car accident.
Insurance Company Negotiations After an Accident Claim
While you are recovering from an accident, you or your attorney will need to submit a claim to the appropriate insurance company or companies. How soon you must file a claim with the insurer should be spelled out in the policy, but it is generally best to file a claim for damage to your vehicle within 30 days of an accident.
If you file with your own insurer for automobile repairs, you may be required to pay a deductible and then wait for possible reimbursement from the other driver’s insurance company. If you file with the other driver’s company, you will not be required to pay a deductible, but the insurer may dispute your contention that their driver is liable for damage to your vehicle or for your injuries. The insurer may decline to pay or may offer compensation for only a portion of your damages.
If you have health insurance, you should use it to cover your medical treatment. You will need to wait until you reach maximum medical recovery to pursue compensation from the at-fault driver’s insurance for your injuries. The insurer may question the facts or ask for more information or additional medical exams. They can make unrealistic settlement offers and/or be slow to respond to communications to try to run out the clock.
You may hear from the other driver’s insurer right away after an accident. The insurer may offer you what looks at first glance like a nice settlement. But, once you sign the form and take the check, the insurer can close the case and there may be nothing you can do when you realize that the settlement check does not go very far in covering your medical bills and other losses. Having experienced legal guidance helps in negotiating with insurance companies for a fair settlement.
Get Help From a Nevada Car Accident Lawyer from the Start of Your Claim
The attorneys at Sam & Ash, LLP can handle your car accident claim from the start and focus on seeking What’s Right for you. We know Nevada insurance and personal injury law and can make sure all your paperwork is completed accurately and filed on time. We’ll investigate to determine who should be held liable for your injuries, and we’ll calculate the full extent and cost of your losses.
After we present a demand letter to the appropriate auto insurers, we’ll meet their response aggressively and seek to negotiate a proper settlement for you. If necessary, we will be prepared to go to court and convince a jury of the full compensation you are due.
At Sam & Ash, LLP, you’ll be treated like a person who has been wrongly injured, not a case number. We believe that attorneys who care about their clients get better results in the long run. We’ve recovered more than $400 million for accident victims in Nevada and California. Let the accident lawyers at Sam & Ash, LLP put their experience and knowledge to work for you. The sooner we hear from you, the sooner we can begin to make things right. Contact us now.