Personal Injury Blog

Is Nevada No-Fault or Tort for Car Accidents?

Posted By Shook & Stone || 30-Sep-2013

If you've recently been involved in some kind of motor vehicle accident, the claims process, as well as, the outcome of your claim will heavily depend on whether you live in a no-fault state or a tort state. More states are tort than no-fault, and some states operate by modified no-fault laws. If you live in Nevada, your car insurance claim will operate by tort laws.

Why does this matter?

1. Makes It Vitally Important to Prove Liability

First of all, it means that rather than collecting coverage from your own auto insurance provider, you will be filing a claim to collect coverage from the at-fault driver's insurance. This makes determining liability extremely important. It also often creates debate between all parties involved. If you are the victim of a car accident, know that the at-fault driver's insurance company does not have your best interests in mind.

2. Helps You Understand What Drives Insurance Companies

Obviously, insurance companies profit less the more they give out in claims, which is why they might do everything within their power to shift liability for the accident onto you. Even if they are not successful in making you partially or totally liable for the collision, they can still issue you a lowball settlement that is far less than what you deserve. This is why it can be extremely important to involve a car accident lawyer like the ones at Shook & Stone. We can evaluate your claim and ensure that you're getting what you deserve per your policy.

3. Allows You To Secure Additional Compensation

"Tort" means you can and may be permitted to sue the at-fault party for damages whereas in no-fault states drivers do not generally file lawsuits against each other. This allows an auto accident victim not only to be able to recover the full amount per the at-fault driver's insurance policy, but a lawsuit could be successful in securing additional damages such as emotional pain and suffering not provided for in most auto insurance policies.

4. Pursuing Compensation in Uninsured, Underinsured, & Hit-and-Run Accidents

Living in a tort state also affects how your insurance company will deal with uninsured and underinsured motorist accidents. Because drivers in Nevada have to collect compensation from the at-fault party's insurance, this could pose difficulty if the at-fault driver doesn't have insurance or doesn't have enough to cover the total cost of damages. This is where UM/UIM clauses in your auto insurance policy can be helpful. In the same vein, Nevada drivers who are involved in hit-and-run accidents can use their UM/UIM coverage to compensate for damages, since the at-fault driver fled the scene and you were presumably unable to collect any insurance information from them if they even had any to begin with.

If you would like to learn more about the differences between tort and no-fault insurance laws and how they affect your case, contact a Las Vegas car accident attorney from Shook & Stone today!

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