Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Nevada, ensuring the at-fault party’s insurer accepts liability involves clear communication, timely notice, and solid evidence. Follow these steps:
1. Promptly Notify All Parties and Insurers
Under NRS 687B.145, you must give written notice of a claim or suit to the insurer as soon as possible. Failure to do so can delay or bar coverage.
2. Document the Accident and Your Injuries
Keep detailed records of the accident scene: photos, videos, medical records and doctor visits. Well-documented injuries make it harder for the insurer to dispute liability or damages.
3. Secure a Police or Accident Report
Obtain an official report from law enforcement. A police report often includes citations or admissions of fault, which strengthens your case.
4. Preserve Evidence and Witness Information
Collect witness names, statements and contact information immediately. Preserve physical evidence such as damaged property and clothing.
5. Deliver a Clear Demand Package
Send the insurer a demand letter with an overview of facts, liability basis, medical treatment summary, and a specific damages demand. Citing policy limits prompts a faster response.
6. Negotiate Strategically
Be ready to counter lowball offers. Provide additional evidence when necessary. Keep negotiations professional and focused on documented facts.
7. Prepare for Potential Defenses
Anticipate common defenses, such as contributory negligence under NRS 41.141. Address those arguments proactively with evidence.
Helpful Hints
- Report the accident to your own insurer even if liability is clear. Your carrier can assist with subrogation.
- Keep an injury journal documenting pain levels, treatment and recovery progress.
- Obtain independent medical exams if the insurer disputes your medical records.
- Do not sign releases or medical authorizations without reviewing them with an attorney.
- Consider a free consultation with a personal injury attorney to assess your claim value.