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Traveling to Las Vegas can lead to many dangers on the road while you drive to Nevada, as well as while driving around downtown. If you get into a car accident while you are in Las Vegas for work or a vacation, find out how to handle the auto insurance claims process. Protect your rights as a crash victim by hiring a Las Vegas car accident attorney to represent you during insurance negotiations or a lawsuit. An out-of-state car accident claim can be complicated.
Every year, thousands of car accidents happen on I-15 – the stretch of road from Southern California to Las Vegas. Statistics rank it as one of the deadliest roads in the country. If you are native to California but were traveling to Las Vegas when you were in a car accident, the county where the crash occurred will have jurisdiction over your claim. If you were still in California, California’s laws will preside over your case. A Nevada car accident will use that state’s laws.
You can file an insurance claim against the at-fault driver’s carrier from any state. If the insurance company refuses to settle your case and it has to go to trial, however, the court date will happen in the county where the accident occurred (or the county where the defendant lives). The state where the accident occurred will also affect the rules that apply to your insurance claim. California and Nevada have different car accident and insurance laws.
Both Nevada and California are fault-based car insurance states. In a fault-based state, the driver at fault for the collision will have to pay for damages out of his or her insurance policy. Before victims can recover compensation, however, they will have to prove the at-fault driver’s negligence and responsibility for the car accident. This is in contrast to the rules in a no-fault state, in which a victim does not have to prove fault. In no-fault states, victims seek personal injury protection benefits from their own insurance providers.
Nevada uses a modified comparative negligence law, while California uses a pure comparative negligence law. In Nevada, you can still recover compensation as a plaintiff as long as you were less than 50% responsible for causing the vehicle collision. The insurance company may reduce your award, however, by the amount of your fault. If you were more than 50% to blame, you will lose the right to seek insurance benefits. In California, the rule does not impose a cap on liability. You could be 99% at fault and still recover 1% of a compensatory award.
If you rented a car to go to Las Vegas and got into a traffic accident, notify the rental company and your insurance provider of the accident right away. Take photographs of the damage to the rental vehicle. If you have any injuries, no matter how minor, obtain immediate medical care. Dealing with an insurance claim can be difficult. First, find out if you purchased rental insurance when you rented the car. If so, this policy might cover the costs of vehicle repairs and your medical bills.
Then, ask if another driver caused your accident. In this case, that driver may be liable based on Nevada’s fault insurance law. File a claim with that driver’s insurance provider as soon as possible. Otherwise, your personal insurance policy might cover your losses depending on the type of coverage you have.
Out-of-state car accident claims while you were driving to Las Vegas or in the city can be difficult to navigate on your own. Hiring a lawyer could make it easier for you to seek fair compensation for your economic and non-economic damages. DiMarco Araujo Montevideo has California attorneys who are licensed to practice in Nevada. We may be able to help with your Las Vegas car accident case. Call (714) 783-2205 today to schedule a free consultation.