As the City of Las Vegas grows and people flocking to our beautiful city, there is continuously an increased risk of motor vehicle accidents. In 2018, there were 299 fatal car accidents in the state of Nevada. There were over 32,000 accident-related injuries with over 50,000 accidents on the roads. Protect your rights and long term well being by knowing what to do in any situation.
What if I am in a car accident?
Your Health and Safety is Priority. If anyone is injured do the following:
- Do not worry about exchanging information. If someone is injured, you should call 911 and request medical assistance immediately.
- Even if your injuries seem minor, seek medical attention immediately.
- When speaking with the police, only provide necessary details that allows the filing of report. Never admit to any fault or partial fault.
- Insurance companies often look to expedite closure of cases before the full extent of injuries has been realized. Call VASEK LAW and allow us to communicate with the insurance company on your behalf while you focus on your recovery.
If everyone is okay:
- Always photograph the entire scene of the accident. Once you have taken photos, move your vehicle out of traffic. Take extra precautions if there is moving traffic nearby.
- If your vehicle cannot be moved safely, you should notify the police immediately and ensure that you are not standing with your vehicle in traffic and are safe and away from traffic.
- Once you have moved your vehicles out of the roadway, you should begin to exchange information with the other driver.
What information should you exchange?
- Name, address, and phone number
- The name and contact information of any passengers or witnesses
- Take a photo of the other drivers’ license. Look for their license number and address.
- Take a photo of the other driver’s insurance card (front and back).
- Make, model, year, VIN number, and license plate
When you have exchanged the information above, you can leave the scene of the accident.
Who is at fault?
Nevada is considered an “at-fault” state concerning car accidents. This means that the person who should have been more careful to avoid the crash is typically responsible for the accident. The at-fault party and their insurance should pay for any losses and damages.
When proving who is at-fault in a car accident, insurance companies look at the actions of each party to see who acted negligently. Whoever, if anyone, failed to use a reasonable amount of caution and their actions contributed to the crash, would be considered at-fault for the accident.
If more than one party contributes to the accident, the Court can compare your negligence to anyone else involved, and everyone can be assigned a percentage of the responsibility. If you are found to be less than 50% responsible for the accident, you can still recover your damages. If you are more than 50% responsible, Nevada law does not allow you to recover any damages. Your compensation is reduced by the percentage to which you were found to be at-fault.
What types of damages can I recover?
VASEK LAW can help you recover all applicable damages, economic and non-economic. If you are involved in a car accident, you can recover out-of-pocket costs, including medical bills, lost wages, property damage and repair bills, and loss of earning capacity. In addition to the economic factors, an attorney may recover non-monetary losses like pain and suffering, emotional distress, permanent scarring, injury, or disfigurement, or loss of enjoyment of life.
What contact should I have with an insurance company?
Always contact an attorney before speaking with an insurance company. When you do contact an insurance company, make sure you have thoroughly documented the scene. Take photos of all cars involved and gather any evidence after the crash. Make sure to review your insurance policy, so you understand the terms of your agreement. Review any accident reports for accuracy and get a copy of it. Lastly, be honest with the insurance company. Any misrepresentation of facts could result in denial of coverage. But be wary, do not admit any fault or apologize. You may feel like it’s necessary to apologize, but anything you say can open you up to liability.
When you do speak with an insurance company, do not provide a recorded statement. Many insurers will try to prove discrepancies in your story and pay you less. Always speak with an attorney first. Make sure to be diligent with your insurer; a successful claim depends on timeliness and communication.
How do I file an insurance claim?
Contact your insurer once it is safe to do so. The claim phone number is usually on your proof of insurance card. You will need to provide basic information about who was involved in the accident, the time, location, and a brief description of the accident. You will be given a claim number so you can follow up on the status. They will have an adjuster, who is responsible for collecting a more detailed report of the events, contact you. While being cooperative, be wary of admitting fault. These conversations are likely being recorded, so stick with just the facts. An experienced attorney will be able to handle all of this on your behalf and ensure that your claim is protected.
Why do I need an attorney after a car accident?
Contacting an attorney after you are in a car accident is essential to protecting your rights and getting the maximum settlement from the insurance company and allowing you time to focus on your recovery. At Vasek Law we are well versed in the actions insurance companies often take to lower the value of a claim and know how to negotiate to get you the compensation you need.