Does Nevada Have No Fault Auto Insurance?
Nevada is not a “no-fault” state. In a no-fault state like Florida, injured motorists contact their own insurance company after an accident, regardless of who caused the crash. If Michael strikes Tracy at an intersection in Florida, then both Michael and Tracy contact their own insurance companies for benefits. The companies do not ask who caused the accident. Instead, they pay out benefits to their drivers simply for being injured.
Nevada is different. As a “fault” state, Nevada continues to follow tort rules that allow injured victims to sue the driver who caused the accident for compensation. Injured motorists will also get their medical bills paid out by the at-fault driver’s insurance company.
Because Nevada is a fault state, it is very important that you collect adequate evidence at the scene of the accident to establish who is responsible. Remember that if you are at fault for the accident, you won’t get anything from the other driver’s insurer. In particular, we recommend that our clients do the following:
- Call the police to the scene of the crash. A police report is absolutely vital for establishing the surrounding circumstances of the accident—the date, time, location, and identities of those involved. A police report is a great piece of evidence to have. Without it, the other driver might even deny they were in an accident. Call the police right after the crash or, if you are too injured, ask someone else to call.
- Take pictures of the accident scene. Walk around each vehicle and take pictures if you can. You can use your smartphone. Also take pictures of skid marks or tire marks in the grass. if you are too injured, ask someone else to take these pictures.
- Get the names of any witnesses as well as contact information like a phone number or email address. A witness can help identify who is to blame for the accident.
- Obtain the driver’s name and insurance information.
The Law in Nevada
You can also write down your memories soon after what happened, while they are fresh. Your Nevada car accident lawyer will rely on this information to help reconstruct what happened.
No-fault states also put limits on when injured motorists can sue. For example, in Florida, a motorist must have a serious, permanent injury, like the loss of an organ or permanent scarring, otherwise, they cannot sue for compensation for things like pain and suffering.
The law is different in Nevada. You can always sue for your injuries, although it is usually best to try and reach a settlement with the other driver’s insurance company first. If you work with an experienced Nevada car accident lawyer, then you can receive full compensation for all damages, including:
- Past and present medical bills
- Future medical bills
- Lost wages
- Lost future wages
- Property damage
- Pain and suffering
The closest thing Nevada has to no-fault benefits is medical payments coverage. You can use these benefits to pay for medical care even if you are responsible for causing your accident. However, medical payments benefits often do not cover the full cost of treating an injury.