What To Do When You Are In A Car Accident In Las Vegas
Picture this: you’re driving home after a long day at work. Then out of nowhere, a car rams into you from the wrong side of the road. Picture the reverse scenario too where you find yourself drifting onto the wrong side of the road. Both scenarios can lead into a serious car accident. So just what should you do? Should you call 911 first or your lawyer or your insurance company? Which legal steps should you take before even talking to the victim of the accident? Read on to learn more.
Be sure to capture the following details as fast as you can:
- The other driver’s name
- Any witness or witnesses to the accident
- The other driver’s insurance company
- Try to get law enforcers to the scene of accident for a report
It is also a smart move to take as many photographs as you can while you’re still at the accident scene. You can also take videos if you wish. The aim here is to gather enough evidence should the issue proceed to court. Remember that the photos will also go a long way to help you settle your claim with the insurance company if the other motorist is at fault.
Tips for photo taking at the scene of a car accident:
- The location of the vehicles
- License plate of each vehicle
- Areas where the vehicles have been physically damaged
Remember the basics
Always keep in mind that the smartest way to pursue and eventually settle a claim with the other motorist or his insurance company is to provide the insurance company with enough accurate information. That is why you have to do all the things mentioned above – from capturing the driver’s name and the car’s number plate all the way to taking photographs and having witnesses around.
Another important thing to remember is that the insurance company is not on your side. It is a business like any other. The lesser they pay out in claim,s the more money they make. To achieve this, the insurance company will try to:
- Argue that the accident was wholly or partially your fault
- You have not provided them with enough information
- Try to get you to settle early for much less than you deserve
This whole process can be very annoying and frustrating. That is exactly why you need a car accident attorney to help you with the process. The insurance company may at some point decide that whatever they put on the table is enough. If you feel un satisfied with their offer, then the best you can do is to file a lawsuit.
You could be entitled to different types of damages if you are making a claim for property damage only. So it pays to know what you are entitled to. In most cases, you can get damages for:
- Vehicle damage
- Car rental – this is simply reimbursement for a rental car that you used while your car was being repaired
- Personal property damage – This is compensation for items that could have been damaged inside the car when the accident happened.
- Out of pocket expenses – A good example here is if you hired a cab to get home from the scene of accident.
Let your lawyer do the talking
You have a right to defend yourself in all cases. You also have a right to remain silent. So before you can think what you should do next, call your lawyer. This is extremely important especially if you have been arrested for reckless driving.
There are instances too where you probably hit a person and you think that no one saw it. What do you do? Even if you think, that there is no insurance claim here or a witness, cameras are everwhere and during the actual accident, your thoughts were on how to stop the accident, or protect yourself, not looking 360 degrees to see who was witnessing the event. You want to be a good citizen and report the accident and get medical attention immediately. Hit and run is bad enough, but homicide is a whole other ballgame. Again, call your lawyer and while still at it, take it upon yourself to ensure that the accident victim gets medical assistance. Then leave him with your contact details.
Are you injured? would be the difference compared to the damage you would ask for if you were involved in a minor car accident. Your lawyer will help you frame the issues well and make the right claims.
Then always remember to go for the best lawyer in town. Make sure that the lawyer is licensed to practice in Las Vegas Nevada. You may pay more for a good lawyer but like you will later learn, it will be worth it.
Call for a consultation to learn more (702) 512-7777.
View car accident reports for the Las Vegas area here.
Who should you Sue after a Car Accident?
Car accidents in Las Vegas, not only bring us stressful conditions, but also a lot more of additional multi-facet tasks that need your attention immediately. Being involved in an accident involves meeting with insurance companies, traffic police, doctors, lawyers, etc. Other than the stress and the extra tasks to keep up on, we face many questions concerning the event, keeping us preoccupied.
Your health and welfare are at stake after an accident. It is important that you have the correct information as to make the right decisions for your self as well as your family.
Nevada state laws can be challenging for attorneys to keep up on, let alone someone not in the legal field. Make sure you at least call an attorney and learn your rights.
A few things to keep in mind after being in an accident
- Did you take photos of both vehicles?
- What about the location of the accident?
- Did you share contact information?
- Did you call the police and get a police report of the accident?
- Did you go to the doctor, whether you fell pain now or not?
Nevada law requires certain items for a successful case. Insurance companies do as well. You can call our attorneys and speak with them now for free. Get a piece of mind regarding your accident today. You can read more below to learn about the legal process for the state of Nevada below.
Call a Las Vegas Lawyer now and get the facts you need
to protect yourself and your family.
Nevada Accident Information
After reviewing all of your medical visits and answered the “at the scene” questions based on your evidence, a question of who to sue will be on your mind. You might want to think about taking legal action against the driver or their insurance companies. Most motorists will only file their claims with the other party’s insurance company and begin negotiations from there.
When faced with a legal pursuit you will require some helpful information to help you make the correct choices through the legal processes. Sometimes, finding the right person to blame may rely on assorted factors which include your state laws, the insurance coverage of the other driver, and if at all the driver possesses a certified driving license. Below is a quick guide summary of important choices you’ll need to make when faced with damages because of car accident.
Always set out to determine whoever was at fault at the time of the crash. Clearly, if you are satisfied enough that you were on the wrong, then it’s never a wise idea to press on invalid charges against the other party. You might have sustained injuries and used a lot of money to seek therapy and medication, but that wouldn’t be an enough reason to press charges.
A skilled attorney can assist you and help you to determine whoever was at fault. If you happen to be not at fault, a good attorney will offer you proper guidance as per the law in the state of Nevada, to ensure all your claims are affected correctly. Our attorneys will account for what you’ve lost including all your medical expenditure (in the case of any) and use them to support your rightful claims.
However, before making a complaint, you must ask yourself whether you comprehensively understand the negligence laws of your state. Car accident law claims are typically predicated based on the theory regarding the other party to have been negligent. Nations have different sets of state laws and therefore differ on the methods they use in awarding damages on the oversight level of each driver.
Most counties will use their contributory, comparative, or revised comparative negligence model in their reward strategy. States that use contributory negligence to some extent bars recovery for those who might be having as low as one percent at fault in an accident. The rest of the states award damages based on the proportionality of each party’s negligence.
Pre-Trial dispute settlement
A considerable number of legal claims filed in Nevada civil courts never reach their trial stage. The majority of such cases finds their solutions informally via a negotiation settlement between the parties involved. This local arrangement can be made way before any filing legal case in court. Through the agreement, the plaintiff in a civil case decides not to seek any further legal pursuit linking with their case, and instead choose to receive an agreed amount of payment from the defendant in exchange.
Other personal involved in the accident, may not offer to pay up for the damages, but instead, perform other actions to compensate the losses as well injuries they have cost you. Otherwise, if you wish to file a legal claim, them, you will need an attorney to guide you through the legal processes. The attorney will conduct a thorough assessment of your claims and figure out the weight of your case and advise you accordingly.
Hiring an Attorney in Las Vegas after a Motor Vehicle Accident
Being involved in an accident might require you to hire a skilled lawyer to help you in the lawsuit procedures. However, you must remember that there are essential documents your attorney would need about the accident so as to make a better comprehension of your case. The information will also enable him to discover any recovery chance for your claims. The documents will include;
- Your Insurance Policy. Your attorney will need to assess your automobile insurance coverage so as to deduce the kind of insurance recovery you have. In case you have lost your original document, your lawyer will provide the help you need to obtain one.
- Evidence of Premium Payments. Your Lawyer will need a payment proof for your insurance policy.
- Information Exchanged at the Accident Scene. These include contact information exchanged on the site by the two parties (you and the other driver).
- A Police report at the accident scene. This information will includ the on-scene officer’s description of the cause of the crash.
- Tickets Related to the Accident.
- Photos at the crash scene of both vehicles : It is very important to take photos of both vehicals damage as well as the area, street, highway or location of the accident.
- Statements you might have made to your insurance company after the accident
- The Medical Records about the injuries you sustained during the crash.
- Psychological, therapy and/or counseling Records.
Negotiating with the Insurance Company
After determining everything about the fault and considered your state’s negligence law, find out whether the other driver has an insurance coverage adequate to cover all of your injuries. Unfortunately, many states do not offer no-fault insurance option. This option commits an insurance company to pay all the medical coverage irrespective of whoever was in the wrong.
Most states, however, will allow you sue the other driver for the severe damages you incurred. The process involves laying your claims to the other driver’s insurance company and welcoming any necessary negotiations. The company must be willing to cover all your expenses appropriately. If they do not to honor it, then a legal claim would be a better idea to focus on next step in the legal process.
Once you have laid economic recovery claims to the other party’s insurance company, they need to act on it efficiently to offer you award for your back your losses. Unfortunately, some companies disregard such claims or rather handle them with less concern. In such cases, you have a legal right to sue the driver at fault for all the personal injuries he caused you as well as the damages he might inflict on your car due to the impact. Note that most states might not allow you to sue any insurance company, directly.
In case the At-Fault Driver lacks an Nevada Insurance?
In cases where the other driver does not have an insurance coverage, then you have only two choices. First, you can decide to take personal legal action against the driver. However, you need to keep in mind that such drivers might not be in possession of valuable assets that might be enough to compensate you. Hence it will be worthless winning the case against such drivers.
The second option allows you to make a legal insurance claim with your insurance company under your uninsured motorist benefits. You must, however, understand uninsured motorist benefits claim does not exceed your primary coverage amount. For instance, having $160,000 in as your uninsured benefits coverage will only grant you the same amount of your claim of it.
Get a Free Car Accident Claim Review
Sustaining injuries from a car accident can change your whole life for the worse. Dealing with the paper work and stress from insurance companies will only add to your stress. If the other driver’s insurance company doesn’t pay you up front for the injuries, then you may need to file a court case against the other driver. This process will require you to learn a few more issues to do with case reviews. Your injury attorney will help you understand better the initial examination claims of your local area and advise you on the suitability of launching a lawsuit.
Different states, however, have different court rules concerning medical entitlements. The judges might order for an independent medical assessment under certain circumstances. Usually, the court orders for further examination if the involved individuals mental or physical injuries are in dispute. Suing damages alone if you are injured as well, may also call for further assessment. Remember, the court orders no examination of long past healed injuries. Exceptional cases involving child custody dispute can influence a court can order such investigations to establish the emotional stability of the parent.
Accidents often come when we least expect them. With it comes property loss and mental and physical pain. If you are lucky to survive the injuries, you might wish to sue the other party if you were not at fault. However, you need to follow proper procedures, and make lots of essential considerations before you decide to file any lawsuit. You can choose to negotiate with the other party as a first step. If it fails, you can proceed with the legal actions.
Hiring an attorney might just be the right move to make. They will walk you through the often confusing paper work and legal steps for all of your legal negotiations with the insurance companies, the other driver and the court as well. All you require is a skilled lawyer who will be ready to offer you the best assistance you will need.
Call a Las Vegas Lawyer now and get the facts you need.
Empire Law Group
1212 S. Casino Center Blvd.
Las Vegas, Nevada 89104
9580 W. Sahara Avenue, Suite 180B
Las Vegas, Nevada 89117