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
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!