Whether your vehicle is insured under a no-fault or at-fault policy will affect how your insurance claim is processed after a car accident. The type of fault involved might also play a role in the compensation you receive through the vehicle accident claim.
The main difference between no-fault and at-fault insurance coverage involves your right to sue the at-fault driver after an accident. The type of coverage also governs who is financially liable for an injured victim’s damages. If you were injured in any type of vehicle accident, an experienced car accident lawyer can answer your questions and help you pursue financial compensation for your injuries.
What Is No-Fault Insurance?
Some states require drivers to have no-fault insurance, which covers expenses for the driver and passengers when an accident happens. Accident-related expenses are covered whether the driver caused the crash or not. No-fault insurance, sometimes also known as Personal Injury Protection (PIP), covers medical costs through the limits of a driver’s insurance policy.
In no-fault insurance states, each driver in an accident typically pursues coverage through their own insurance provider, regardless of who is at fault for the accident. One key purpose of no-fault insurance is to make the claims process more efficient and get accident victims paid more quickly.
One downside of no-fault insurance is that it limits how and when an accident victim can sue the other driver for damages due to the accident. In many cases, accident victims in no-fault states can only sue if their damages exceeded insurance coverage limits under the policy, or their injuries are severe and long-term.
What Is At-Fault Insurance?
Under an at-fault insurance approach, car accident victims can take legal action against the at-fault driver after any collision, regardless of their own insurance policy’s coverage terms. Injured victims can file an insurance claim or pursue a personal injury lawsuit, depending on what their lawyer advises.
After liability is proven, the responsible driver’s insurance company will have to pay for the injured victim’s medical bills, vehicle damage, and other losses related to the crash.
Even if you were partly at fault for the accident, you can still pursue damages in Nevada. Nevada is a modified comparative negligence state, which means that you can recover a percentage of damages as long as you are not more than 50% at fault. For example, if you are 20% at fault, you can still recover 80% of your damages, but if you are 60% at fault, you cannot recover at all.
Is Nevada a No-Fault Insurance State?
Nevada is not a no-fault state for car insurance. Instead, Nevada follows the at-fault insurance approach. This means that insurers will investigate who was liable for the accident before payments are distributed. Since fault can be an issue affecting your claim, it is important not to make statements at the accident scene admitting fault. Any admissions of responsibility–especially if you didn’t cause the accident–can harm your personal injury claim.
Proving Fault in a Car Accident Lawsuit
No-fault insurance states do not require you to prove negligence and liability against other drivers unless special circumstances apply. In an at-fault state like Nevada, the claimant must prove that the other driver caused the accident–or that their share of liability was greater.
To prove negligence in a car accident lawsuit, plaintiffs need to prove four essential elements:
- Duty of care: Drivers have duties of care to others, such as obeying traffic signs and signals.
- Breach of duty: If the other driver breached their duty in some way – such as speeding or running a red light – it could be said they breached their duty.
- Causation: There needs to be a causal connection between the other driver’s actions and your injuries. In multi-vehicle accidents, proving causation can become complicated.
- Damages: All of the above must have caused actual damages to the plaintiff. Damages in a car accident claim can include economic damages such as medical bills and lost income. Non-economic damages such as emotional distress can also be factored in.
In any car accident claim, it is critical to keep track of your damages during your personal recovery. Medical care, prescription drug costs, therapy and rehabilitation, and even out-of-pocket expenses due to the accident can be part of your claim.
Experienced car accident lawyers know how to itemize your damages to help prove the value of your claim. A car accident lawyer will work on your financial recovery while you focus on your physical and mental recovery after a devastating accident.
A Car Accident Lawyer Can Help You Prove Fault in a Vehicle Accident Claim
If you have been injured in a car accident, you have important legal options and a right to financial compensation in many situations. Understanding how no-fault insurance and at-fault policies work is an important step. De Castroverde Accident & Injury Lawyers can help you prove liability and pursue monetary damages in your claim.
Contact our team at (702) 222-9999 to schedule a free consultation and learn more.