Below are the best information about Las vegas car accident public topics compiled and compiled by our team
Should You Hire a Car Accident Attorney?
Through the process of reporting, documenting, and negotiating a car accident claim, you can get the best possible outcome with the help of experienced car accident attorneys. It is best to hire auto accident attorneys sooner rather than later. That way, you’ll be able to avoid any costly mistakes that might result if you tried to handle your case on your own. There are specific deadlines for filing any personal injuries, which vary from state to state. In Nevada, the car accident attorney Las Vegas team at Adam S. Kutner, Injury Attorneys, provides comprehensive and aggressive legal representation to get you what you need now.
Because you’ll have to cover your lost wages or medical bills, the sooner you are able to gain the assistance of car accident lawyers, the better. It is best to contact the lawyer as soon as possible after the accident. You shouldn’t wait any longer than a week or two before contacting the attorney, and you should speak with the lawyer before reaching any sort of settlement with the insurance company.
What to Do After a Car Accident
When you’re hurt in an auto accident, how you respond to the situation can impact whether you’re able to receive a fair recovery for your damages. After an accident, victims often make mistakes that prevent them from getting the compensation they deserve. To avoid these mistakes, you should:
- Stay At The Scene – You should never leave the scene of an accident. In order to collect information and evidence, get medical help and talk to witnesses, you’ll need to be present at the scene.
- Call the Police – If you’re in a fender bender accident in Las Vegas, it’s important to call the police to the scene. They can help investigate fault and document the details of the accident.
- Check for Injuries – After an impact, you and your passengers may have suffered injuries. Check if anybody is hurt and seek medical attention right away. You should also see if the other driver is injured and provide assistance if you can.
- Collect Information – It’s important to get the right information from the other driver in order to file a claim and get the compensation you deserve. You should always ask for the other driver’s phone number, address, driver’s license number, insurance information and email address.
- Take Pictures – Capturing images at the scene is your only chance to document what happened in real-time. This can help prove fault and get you the maximum settlement for your claim.
- Keep All Records – Even if you think it might not be important, keep all records from the accidents, including any correspondence with the insurance companies and the other driver.
- Obtain Legal Counsel – In order to claim fair compensation for your damages, you should contact a car accident lawyer as soon as possible.
In order to begin the claims process, our car accident lawyer Las Vegas team will get started right away with collecting evidence to prove your case. This puts you in the best position to collect a fair settlement from the insurance company.
What to Do After Leaving The Scene of a Car Accident
After you have safely left the scene of the accident and received medical attention, there are several important things to know about when you have just been in a car accident. You should act immediately to give yourself the best chance to protect yourself and gain compensation. In the vast majority of cases, you need to report the accident to the police if they did not respond to the scene. Nevada has a series of laws that address when drivers must report accidents to law enforcement. This is the case any time that there’s a bodily injury or property damage. In addition to reporting to the police, you have a duty to stop and give medical aid to injured parties. Even in minor accidents where no injuries occur, it may be best to report the accident to the police.
How to File a Police Report in Las Vegas
You need to file a police report about your accident to document all of the information of your case. To file a police report in Las Vegas, you may make a report online. You can also find your local police station and make a report in person. Also, if you call the Las Vegas Metropolitan Police Department non-emergency number, (702) 828-3111, they can take your information and help you make a report. If you’re in North Las Vegas, you may call the non-emergency number (702) 633-9111 to make a report.
How Long Do You Have to Report a Car Accident in Nevada?
Nevada has a statute of limitations under Nevada Revised Statutes 484E.10 that says that you must file an SR-1 Report of Traffic Accident within 10 days of a car accident. You must make the report if anyone is hurt or killed in the crash or if there is apparent damage of $750 or more. But if the police respond to the scene of the accident and make their own report, you don’t have to file a police report.
Should You Report a Minor Car Accident?
Here’s what you need to know about whether you should report a minor Las Vegas car accident.
A minor car accident usually doesn’t have physical injuries. Your car may have only a few small dents. You walk away from the scene rather than needing emergency medical care. It also may only involve one vehicle with damage to property. There may be many reasons not to report an accident. You might worry about your insurance rates going up. You might also wonder if you’re going to get a traffic ticket or even a criminal charge.
In most cases, you must contact law enforcement and tell your insurance company about the accident. There are a few exceptions. However, most of the time, you must make the appropriate reports to comply with Nevada law and the terms of your insurance policy.
What Happens After You Report a Car Accident the Police?
In most cases, the police will respond to the accident and conduct an investigation. When they do, they prepare a police report. They’ll check to see if anyone is intoxicated or over the legal limit for alcohol or drugs. If they believe you or another driver violated Nevada or Las Vegas traffic laws, you may receive a citation. You’ll be able to get a copy of the police report later on, and you’ll need to make contact with your insurance company.
The police choose whether or not to respond to a traffic crash. It used to be the policy of the Las Vegas Metropolitan Police Department to decline to answer to minor car accidents. After complaints that accident victims were having trouble getting fair insurance payments because of the policy, the Las Vegas police changed course, and they now respond to most accidents.
However, if you’re in the rare number of accidents where the police choose not to respond, Nevada law still requires you to report the crash in most cases. You must fill out a form and submit it within ten days of the accident. This applies any time there’s a bodily injury, death, or damage that looks like it’s worth $750 or more. Because damage adds up quickly in a car accident, you’re going to need to file the report in most cases.
How to Handle Insurance After a Car Accident
Just like with the police, in the vast majority of cases, you’re going to want and need to make a report to your insurance. Most insurance companies require you to make a statement quickly after an accident. If you don’t, you’re breaking the terms of your insurance contract.
However, there are many other practical reasons why you should quickly report a car accident to your insurance company:
- If you try to handle the matter directly with the other driver, you might agree to settle for a certain amount before realizing the true extent of your injuries. This can be problematic when you need to get fair compensation for your injuries later down the road.
- The insurance company can get a copy of your driving record and the accident report. In almost all cases, they’re going to find out that the accident occurred. It’s better if they find it out from you rather than have them accuse you of trying to keep them from finding out.
- Your insurance might directly cover some of your losses even if the accident is your fault. Depending on your specific policy, your insurance might cover your property damage or even bodily injuries.
After you have reported an auto accident incident, they will begin to investigate the accident. You will need to work with insurance adjustors to provide information and present your case. Through this process, an experienced car accident attorney can help you present your claim in the best possible way and to provide the information the insurance adjuster needs. The insurance investigator will want to determine fault for the accident and begin negotiations for any claims made in the case.
Who Determines Fault in an Auto Accident?
There may likely be multiple entities that investigate an auto accident to determine fault after a crash. The police may investigate fault as it relates to traffic laws to determine if anyone committed a crime or violated a traffic law. The insurance companies involved determine fault by looking at whether anyone acted negligently and whether that negligence contributed to the crash. The courts assess fault through formal legal proceedings using the rules of evidence to evaluate the evidence on both sides.
Whether you were involved in a multi-vehicle accident or have had more than one car accident in a short period of time, we can help you make a claim for compensation. Our car accident attorneys Las Vegas team can help determine fault, collect evidence, file your claim, negotiate a fair settlement or take your case to court if needed. You can sue another driver after a car accident even if there were multiple vehicles involved. If they were negligent, and the negligent behavior caused the crash and your injuries. The driver that causes the accident is liable for your damages. Nevada uses a modified comparative negligence system that says as long as you are not found to be 50% or more responsible for the crash, you can recover compensation when you sue someone after a car crash. However, you may need to work with accident lawyers in Las Vegas to prove the other driver was at fault. If you cannot prove that element, your claim may be denied.
Is Nevada a No-Fault State for Car Accidents?
Nevada is not a no-fault state for car accidents. Instead, the person who is responsible for the accident must pay the victims for their losses even if their injuries and losses are minor. Although Nevada has mandatory car insurance, the insurance that drivers have to buy is liability insurance. The mandatory car insurance in Nevada is meant to pay victims for when you’re at fault for an accident. Even though Nevada is an at-fault state for car accidents, you can still buy uninsured and underinsured motorist coverage that compensates you if the at-fault party doesn’t have adequate car insurance.
What Kinds of Injuries Can Receive Compensation?
There is a wide range of possible injuries you can get from a car accident. Some of the most common injuries include:
- Scrapes and Cuts
- Head Injuries
- Spinal Cord Injuries
- Broken Ribs
- Other Broken Bones
- Internal Bleeding
- Herniated Disc
- Knee Trauma
- Possible Wrongful Death
Regardless of what injuries you have, if you were hurt because of the negligence of another driver, our law firm will fight for maximum compensation for your injuries.
What Damages Can I Claim After a Car Accident?
How much you can expect to get from your accident settlement depends on what types of damages you claim. There are several different types of damages available to you after being injured in an accident, with the primary classification of damages being economic and non-economic. Economic damages are those which are objectively quantified monetary losses that represent your tangible, out-of-pocket costs including:
- Medical Bills
- Lost wages
- Property damage and repair bills
- Lost earning capacity
Non-economic damages are those which are more subjective, less tangible non-monetary losses including:
- Pain and suffering
- Emotional distress
- Permanent scarring or disfigurement
- Loss of consortium
- Loss of enjoyment of life
In addition to economic and non-economic damages, you may be able to claim punitive damages as well. However, this is only available in some cases. Punitive damages do not cover the victim’s injuries. Rather, they are meant to punish the wrongdoer for their actions. Your car accident lawyer can help determine which damages you can claim after a car accident. Contact our auto accident attorneys Las Vegas team for a free evaluation of your case and what you might receive in damages.
How to Negotiate Your Insurance Accident Case
The negotiations process with an insurance adjuster begins once the claimant has sent a demand letter stating the amount of money they are claiming for car accident injuries. The adjuster normally telephones the claimant within 14 days to offer their response to the letter. However, the time it will take for an adjuster to respond to the claimant’s demands will depend on their schedule and the complexity of the case. If the insurance adjuster does not respond within 2 weeks, it is advisable to call the claims department and confirm whether they received the demand letter and when a response may be forthcoming.
The first thing that an insurance adjuster will send to the claimant is a letter known as the “reservation of rights”. This letter seeks to inform the claimant that the adjuster is investigating their claim and will withhold payment if the incident is not covered by the policy. This letter protects the insurance provider against future claims that because it started negotiations with the claimant, it recognized that the accident was covered by the policy. It is also a strategy aimed at hinting to the claimant that the insurance provider might not pay for their loss hence compelling them to accept a small settlement.
Subjects of Negotiation
During negotiations, insurance adjusters will ask a set of questions, and object to some facts, in a bid to reduce the value of the claimant’s compensation. The main disputes involve:
- Coverage – Whether a claimant’s policy caters for the accident
- Liability – The person to blame for the accident, and the degree of the complainant’s comparative negligence
- Seriousness of the claimant’s injuries – Whether one’s injuries were disabling or permanent
- Types of medical treatment – Whether certain procedures were necessary, and whether the claimant had pre-existing medical problems
After conducting investigations, the insurance adjuster will raise any of the above disputes to reduce the claimant’s offer. The claimant might concede to the adjuster’s arguments and propose a lower settlement amount. The adjuster will make another proposal and if the claimant accepts it, a settlement contract will be drawn and the issue will be concluded.
What Insurance Adjusters Do Not Want You to Know
After a car accident, you want to be treated fairly and be compensated for damage and injuries. But the insurance adjustor assigned to your case may not have the same incentives. Knowing what insurance adjusters and insurance companies really want through this process can help you get the best possible outcome for yourself.
Insurance Adjusters Want to Settle – While insurance adjusters will pretend that they care less whether you settle or not, they are actually determined to settle claims. When a case goes to trial, it is a huge loss to the insurance provider in terms of large settlement awards, and court expenses. Therefore, insurance companies opt to settle than pay for litigation fees, and high settlement amounts. Knowing that a settlement is in the insurance company’s best interest can help you weight your options in the negotiation process.
Insurance Adjusters Are Required to Act in Good Faith – Insurance adjusters are required by law to act in good faith during settlement negotiations. This legal obligation means that they should justify their offers, should not tamper with evidence, and should not withhold information. An insurance adjuster is legally liable for actions that are done in bad faith. Knowing that insurance adjustors can get in legal trouble themselves if they don’t treat you fairly can help you protect yourself in case your claim goes to court.
Insurance Adjusters May Be Recording Your Statements – Insurance adjusters are sly when it comes to gathering information that helps them pay a low settlement. This includes recording your statements. When talking to an insurance adjuster, ensure your statements are not self-incriminating. It is better to have a lawyer by your side to both intimidate the adjuster and to keep you from self-incrimination. If you know that whatever you say in a conversation with an adjuster might be recorded, you can be more careful to protect yourself.
The process of settling with an insurance company can be tedious. However, acquainting yourself with what it entails, and the basic pitfalls, can turn out to be worthwhile in the end. If you have more questions reach out to your personal injury attorney for a free consultation as soon as possible. Having experienced accident attorneys by your side can make a huge difference in your final settlement.
Why You Should Not Settle with Other Insurance Companies
In any car accident claim, you will be dealing with an insurance company. The at-fault driver’s insurance provider will be involved with settlement talks. If a doctor is accused of medical malpractice, their medical malpractice insurance provider will deal with the case. If a homeowner is accused of premises liability, their homeowner’s or liability insurance will cater to the plaintiff. Since most car accident injury scenarios involve an insurance firm, it is important to learn what dealing with these companies entails.
An expert Las Vegas car accident lawyer at Adam S. Kutner, Injury Attorneys can help you navigate this difficult process.
Reasons Your Claim Could Be Denied
When you receive a response from your insurance company, there may be some cases where your claim was denied. There are several reasons that insurance companies might give when denying a claim:
- Material Mis-Representation – Failing to indicate material information can be grounds for an insurance claim denial. No matter what type of insurance you are dealing with, it is regarded as failing to provide the insurance with up-to-date information. These simple issues can affect the rates of your policy. Therefore, if you have not reported material information, like the purchase of a new vehicle, moving to a new residence, or changing banks, to your insurance adjuster, this means you are not paying the correct rates, and are therefore committing fraud.
- Fraudulent and False Claims – Many claims are turned down due to falsification of information meant to get a claimant more than they deserve. Falsification of insurance information may also lead to a black mark on the claimant’s record. This means it will be difficult for you to be compensated under a policy in future.
- Unlawful Acts – For accidents that involve irresponsible behavior like drunk driving, distracted driving, stunt driving, or unlicensed driving, your claim is likely to be disbanded. Furthermore, you may lose your coverage, and become uninsurable in the future.
- Uninsured Claims – One of the main grounds that insurance adjusters use to deny people of their claims is to dispute that an accident is covered by a claimant’s policy. In many cases, claimants think they are insured in certain conditions, but later discover they are not. It is important to study the provisions and exclusions of your policy.