After an accident, people usually focus on injuries. While that is very important, they often lose sight of the property damage sustained. If you are in an accident in Nevada, you and your passengers should get medical attention. And once you are cleared, you should assess the damage to your car. This can become a major problem, especially when dealing with insurance companies.
If you believe you were not to blame for an accident, you can file a legal claim against the at-fault driver’s insurance.
You can also sue for property damage after an accident in Vegas if you face challenges recovering fair compensation. In most cases, minor claims can be handled quickly. But, if you experience hiccups with the at-fault driver’s insurance and want to sue the driver directly, you need the help of a lawyer.
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Property Damage Claims in Nevada
When you initiate a property damage claim, you want compensation for damages to your personal property. If an accident caused the damage, you will want a settlement to repair or replace your car. You may also need extra money to replace lost or damaged personal belongings.
In Nevada, property damage claims can be filed after car accidents, natural disasters, or incidents that involve third-party liability. In most instances, the responsible party or insurer is expected to cover repair and replacement costs.
Nevada’s Fault-Based Insurance System
Nevada follows fault-based insurance laws. If someone causes an accident, they must cover the resulting damages. As a victim, you can file a claim with:
- Your own insurance company if you have collision or uninsured motorist coverage
- The at-fault driver’s insurance company
As mentioned above, you can file an official lawsuit if a fair settlement is not reached.
Statute of Limitations
Under Nevada Revised Statutes (NRS) 11.190, you have three years from the date of the accident to file a property damage claim. If you miss this deadline, you may not be allowed to make any claims.
When to Hire a Lawyer
Sometimes, liability after an accident and property damage claims are straightforward; sometimes, they are not. If your case is complicated, you must consult and hire a lawyer to help you.
The most common reasons for hiring a lawyer include:
- A denied claim. If the insurance company denies your claim, your lawyer can intervene. They will review the denial letter, gather more evidence, and restart the negotiations.
An insurance company can deny your claim for many reasons. They may dispute that their client was at fault. They may also claim that the damage to your car was sustained before the accident. In some cases, insurers argue that the repair cost is less than estimated.
Your lawyer will know how to overcome these tactics so you can get a fair settlement.
- A lowball offer. Insurance companies are known for offering low settlements at first. They do this to protect their bottom line. However, you do not have to accept a lowball offer. If it does not cover your damages (repairs or replacement), your lawyer will negotiate for more money.
- The at-fault party is uninsured. If the at-fault driver does not have insurance (or they have insufficient coverage), your lawyer can help you explore other options. If you do not have uninsured or underinsured motorist coverage, you can try to file a personal claim against the driver.
- Dispute over fault. Things will quickly become complicated if the at-fault driver or their insurer disputes liability.
If you have a lawyer, they will gather all the evidence needed to prove that the at-fault driver is liable for damages.
This evidence may include witness statements, the police report, and surveillance footage. If they need to have the accident reconstructed, they will work with the experts who do that.
Your lawyer will also argue against comparative negligence rules brought up by the insurer. Nevada’s modified comparative negligence laws will reduce your compensation if you are deemed partially at fault for the accident.
Keep in mind that if you are more than 50% at fault, you may not be allowed to claim.
- Diminished value. When your car is repaired, it may depreciate. In Nevada, you are allowed to pursue a diminished value claim. But, you may find it hard to get the insurer to pay.
In this scenario, a lawyer’s help can be invaluable. Your lawyer can help you calculate your car’s diminished value based on the car’s condition before the accident. Your lawyer will also help you get your car evaluated and either negotiate or litigate to compensate you.
- Overwhelming claims process. All legal cases involve paperwork, deadlines, and ongoing legal procedures. This can quickly become overwhelming if you have not initiated a case before.
Your lawyer can help you manage every aspect of the process. They can ensure all paperwork is filed on time and before the deadline. They will also handle all communication with the insurance company professionally. - When negotiations fail. The compensation negotiations will not always go your way the first time around. If the insurer refuses to settle, it may be necessary for your lawyer to file an official court case.
Your lawyer will draft and file what is known as a property damage lawsuit. They will also represent you in court, presenting evidence and arguing on your behalf.
Why You Need a Lawyer
Property damage lawyers argue cases like this for a living. They know exactly what to expect from insurance companies, and they can identify any loopholes that insurers may want to use.
Your lawyer will be well-versed in Nevada’s property damage laws. They will use this knowledge to negotiate with the insurer.
Moreover, you need adequate legal representation if your case goes to court. Apart from filing documents, your lawyer will prepare expert testimony and present an irrefutable argument.
Your lawyer will work hard to ensure you get a settlement covering all your property damage. This will include repair or replacement costs, personal property damage, and diminished vehicle value. Your compensation may also include a payment for rental car expenses.
Choosing a Lawyer in Nevada
If you are looking for a lawyer, you must choose one with enough relevant experience. You want to hire a reputable lawyer that offers you different payment options. Ensuring the lawyer is responsive and willing to answer your questions is also important.
If you are unsure whether you need a lawyer, you can call around for free consultations. This will give you an idea of the best course of action.
