You got hit. Now everyone’s pointing fingers.
The driver blames you. The insurance company plays dumb. And suddenly, you’re knee-deep in paperwork, painkillers, and confusion about who’s responsible for what.
If you’ve been in a crash in Nevada, there’s one thing you need to understand immediately: Nevada is a fault-based state. And that little detail could make or break your auto accident claim.
So how exactly does Nevada’s fault system work—and how does it impact your compensation?
Let’s break it down, with insights from a seasoned Drummond Law Firm, Las Vegas auto accident lawyer who knows the difference between a fender bender and full-blown financial fallout.
Contents
Nevada Follows a “Modified Comparative Negligence” Rule
That phrase may sound like legal mumbo jumbo, but here’s what it really means:
- Each party involved in the accident is assigned a percentage of fault.
- You can recover damages only if you’re less than 51% at fault.
- Your compensation is reduced by your percentage of fault.
Example: Let’s say your total damages are $100,000. If you’re found 20% at fault for the crash, you’d receive $80,000. But if you’re 51% or more at fault? You get nothing.
Yes—nothing. Harsh? Maybe. But it’s the law in Nevada.
Who Decides Who’s at Fault?
Fault isn’t assigned randomly. It’s based on:
- Police reports
- Witness statements
- Surveillance or dashcam footage
- Vehicle damage analysis
- Traffic laws and violations
That said, don’t assume the insurance adjuster has your best interest at heart. They may twist evidence to argue you were more responsible than you actually were—because every percentage point they shave off saves them money.
That’s why calling a Las Vegas auto accident lawyer isn’t just helpful—it’s protective.
Your Claim Isn’t Just Medical Bills
Sure, medical expenses are a big part of the claim—but they’re not the whole story. Your compensation may also cover:
- Lost wages (now and future)
- Property damage
- Pain and suffering
- Reduced earning capacity
- Emotional distress
But here’s the catch: the insurer will lowball these amounts if you don’t push back. They might ignore your emotional trauma. Downplay your injuries. Offer to fix your car and toss you a tiny settlement.
And if you accept? That’s it. You can’t go back later and ask for more—even if your condition worsens.
Timing Matters in Nevada
Under Nevada law, you typically have two years from the date of the accident to file a personal injury claim. But waiting is risky.
Why?
Because the longer you wait:
- The harder it is to collect evidence
- Witnesses forget details
- Surveillance footage gets deleted
- Insurers get bolder in their denials
Acting early gives your attorney the time and leverage to build a stronger case—before the trail goes cold.
Why Legal Help Changes the Game
A skilled accident lawyer does more than file forms. They:
- Investigate and prove fault
- Fight back against lowball offers
- Protect your rights during insurance negotiations
- Coordinate with doctors to document injuries
- Maximize the value of your claim
If you’re dealing with pain, stress, and financial uncertainty, why add legal confusion to the mix? Let someone who does this every day take the wheel.
Final Word: Don’t Let the 51% Rule Steal Your Compensation
In Las Vegas, blame is currency—and how much you’re assigned directly affects your payout.
If you’re even slightly unsure about how fault will be calculated, don’t go it alone. Talk to someone who knows how to shift the odds back in your favor.