When you get into a car accident in Nevada, you’ll have to file an insurance claim. The question is – whose insurance policy will you file a claim against? Yours, or the other driver’s? Well, it depends on where you live. There are two kinds of states. Some states are considered a no-fault state. The rest of them are called at-fault states. The kind of state you live in will determine where you file your car accident claim.
Nevada is an at-fault state. This means that you’ll have to file your accident claim against whoever was at fault. So, if the other driver was at fault, you’ll have to file your claim against their policy.
If, on the other hand, you were at fault, you’ll have to file a claim against your own insurance policy. It’s always a good idea to retain an experienced car accident attorney to help you do this. If you don’t file your claim against the right company, you may not get paid.
Your car accident lawyer in Las Vegas will make sure you file your claim on time, and against the right policy. This way, you can be sure to receive the compensation that you deserve.
How Do You Determine Who Was at Fault?
Determining fault is never easy. Neither driver is going to raise their hand and admit that they were at fault. This is why some drivers prefer to not call the police. When the cops come to the accident scene, they’re going to conduct a thorough investigation.
When the police arrive on the scene, they’ll look at several things, including:
- Were either of the drivers under the influence of drugs or alcohol?
- What were the road conditions?
- What do the eye witnesses have to say?
- Does the damage to the cars say anything about who may have been at fault?
The cops are going to prepare a police report. This report will include all of the above information. It may also include a diagram of how the accident appeared to the officer. They’ve years of experience investigating accident scenes. They know what questions to ask. They also know what clues to look for.
If the Other Driver is at Fault, Will Their Insurance Company Pay?
Even if you can prove that the other driver is at fault, it doesn’t mean their insurance company will pay your claim. In an ideal world, your claim would be approved and you’d have your check in a week or two. We don’t live in an ideal world.
The insurance company may deny your claim for any number of reasons, including:
- The policy wasn’t valid
- They believe you were at fault
- They don’t believe you were injured
- Also, they think you’re exaggerating your injuries
- You have a history of filing car accident claims
If the policy wasn’t valid, it doesn’t matter who was at fault. No insurance company is going to pay out on an invalid or canceled policy. They’d go out of business in no time if they did that. However, for any other reason, your Las Vegas car accident attorney can file an appeal.
Your attorney will try to negotiate a settlement with the insurance company. They’ll work hard to get your claim paid so you don’t have to file a lawsuit.
This will come down to whether or not the insurance company agrees that their driver was at fault.
What if the Insurance Company Believes You Were at Fault?
There is a chance that the defendant’s insurance company will think you were at fault. As insistent you are that you didn’t cause the crash, their client will be just as insistent. This is when your car accident attorney in Las Vegas has to prove your case.
If your lawyer isn’t able to convince the insurance adjuster to settle, they’ll have no choice but to file suit. Your lawsuit will lay out your case. This will include your reasons for why the defendant was at fault. Hopefully, your case will be strong enough to convince a judge or jury that you deserve damages.
Contact an Experienced Car Accident Lawyer in Las Vegas
If you were injured in a car accident caused by another driver, you need to call an experienced car accident lawyer in Las Vegas. Your attorney at Nettles Morris Law Firm will work hard to prove the other driver was at fault. They’ll also do what it takes to prove your damages.
Call today and schedule your initial consultation. The consultation is absolutely free and you pay nothing until you settle your case.