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Tort vs. No-Fault Car Insurance

What’s in my auto insurance policy?

All states in the U.S. abide by tort or no-fault laws for auto insurance purposes, and Nevada operates on tort laws. What this means is that, when a driver is involved in a car accident, they can collect compensation from the at-fault driver’s insurance. Contrast this with no-fault insurance states that allow every driver, regardless of fault, to collect compensation from their own auto insurance company.

Because Nevada is a tort state, this makes determining liability extremely important when it comes to compensation.  Only those who are not more than 50 percent at fault for their injuries can collect compensation from the other driver’s insurance. For example, if two drivers approach an intersection from opposite directions with one driver making a left hand turn and another driver making a right hand turn onto that same roadway, a jury could find that both drivers are 50% responsible for each other’s injuries and award both drivers damages under Nevada law. In that case, however, both drivers’ awards would be reduced by 50% due to their being 50% responsible for their own injuries.

Tort insurance laws are also of importance when it comes to accidents with uninsured and underinsured drivers. If you carry uninsured or underinsured motorist coverage, then you can be covered in the event of an accident with an uninsured, underinsured or even hit-and-run driver.

Tort law also allows drivers to sue at-fault drivers for damages, even damages not included in most auto insurance policies such as emotional pain and suffering or compensation over the minimum amount (minimum liability: 15/30/10).

If you reside in Nevada, then any auto insurance accident claim you file will operate under tort laws. If you would like to learn more about how these laws work and how they affect your claim, please do not hesitate to contact a Nevada car accident attorney from Shook & Stone for information.