Being involved in a car accident is stressful enough, but even worse is when you realize you may have been the one at fault. Questions race through your mind: Did you hurt anyone? How badly? What will the financial and legal repercussions be?
If you’ve been in an at-fault accident, you’ll need to understand your rights, responsibilities, and what the insurance process looks like. Our Las Vegas car accident injury attorneys have put together this article to help you understand how fault is determined, what happens during the claims process, and how to avoid common mistakes that could hurt your claim.
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Understand Nevada’s At-Fault Insurance System
Nevada is an at-fault insurance state, which means the driver who causes the accident is responsible for paying for the resulting damages, both to property and to any injured parties.
Typically, this payment comes from your liability insurance coverage, which compensates others for medical expenses, vehicle repairs, and other losses caused by your negligence.
Here’s what this means for you:
- If you’re found to be entirely at fault, your insurance company will handle the other party’s claims up to your policy limits.
- If you’re partially at fault, Nevada’s modified comparative negligence law applies. This allows you to recover compensation for your damages as long as you’re not more than 50% at fault. However, your payout will be reduced by your percentage of fault. For example, if you were found 30% responsible for an accident and your damages totaled $10,000, you’d only be eligible to recover $7,000.
The Insurance Claim Process
After an at-fault accident, here are the usual steps (and some common pitfalls to watch out for):
1. Accident Report
You must notify your insurance company as soon as possible after the accident. Provide accurate details but avoid speculating about fault or minimizing your injuries. Even a simple statement like “I think it was my fault” can be used against you later.
2. Investigation and Fault Determination
Your insurer will investigate the accident by reviewing police reports, witness statements, vehicle damage, and other evidence. They may also communicate with the other driver’s insurance company.
Remember that the insurers have a vested interest in minimizing payouts. While they’ll cover your claim, they’ll also evaluate whether they can shift part—or all—of the blame onto you.
3. Settlement and Coverage Decisions
Once fault is determined, your insurance will pay for damages up to your coverage limits. If damages exceed your policy, you could be personally responsible for the remainder. This is why carrying sufficient coverage, including bodily injury and property damage liability, is so important.
If you have collision coverage, your insurer will also help pay for repairs to your own vehicle. Otherwise, those costs may come out of pocket.
When the Other Driver Is Partially at Fault
Even if you were the one who caused the accident, that doesn’t automatically mean you bear all the blame. In many cases, both drivers share some responsibility.
For instance, imagine you rear-end another driver in heavy Las Vegas traffic. While you may be cited for following too closely, if the other driver’s brake lights weren’t working, they could share some fault for the collision under Nevada’s modified comparative negligence policy discussed earlier in this blog.
Determining fault can be complicated. That’s why gathering strong evidence—like photos, dashcam footage, and witness statements—is so important. An auto accident attorney can help you interpret this evidence and challenge unfair claims from insurers.
The Impact on Your Insurance Rates
After an at-fault accident, it’s almost certain that your insurance premiums will increase. The exact amount depends on several factors, including the severity of the crash, your driving record, and your insurance provider’s policies.
You can curb the impact of insurance rate hikes by taking a defensive driving course, maintaining a clean driving record after the incident, and consulting an attorney to review potential claim disputes.
Protect Yourself After an At-Fault Accident
Even if you believe you were at fault, never assume full responsibility without legal guidance. Insurance adjusters are trained to interpret your words in ways that protect their bottom line. What you say at the scene—or during follow-up calls—can have serious consequences later.
You should also avoid posting about the accident on social media. Even innocent statements or photos can be taken out of context and used to question your account of what happened.
Instead, focus on protecting your rights by doing the following:
- Get a copy of the police report to ensure the information is accurate.
- Document all evidence from the accident scene.
- Get legal assistance before talking to insurance adjusters.
- Refrain from admitting fault. (Remember that the evidence may show that the other driver contributed to the crash in some way. It’s best not to make a statement indicating any kind of liability.)
What If You’re Sued After an At-Fault Accident?
If the other driver files a lawsuit against you, your insurance company is required to provide legal representation as part of your policy coverage. However, the attorney assigned by the insurer represents the insurance company’s interests, not yours.
If the claim’s value exceeds your policy limits, you could be personally liable for the remaining balance. That is why you should consider hiring an attorney who’s solely focused on your protection, not just your insurance company’s bottom line.
A personal attorney can:
- Review your coverage to identify potential exposure.
- Communicate strategically with insurance companies to avoid self-incrimination.
- Negotiate directly with the plaintiff’s attorney for a fair settlement.
- Dispute exaggerated claims or unfair fault assessments.
- Defend you if the case goes to trial, ensuring your side of the story is heard.
Conclusion
Being at fault in an accident doesn’t mean you have to navigate the insurance system alone or accept unfair blame. With the right legal guidance, you can ensure your case is handled fairly and your financial future remains secure.