Las Vegas Car Accident Attorneys

What you need to do if you are in an auto accident

Should you hire a car accident attorney?

By reporting, documenting, and negotiating a car accident claim, you can get the best possible outcome with the help of experienced car accident attorneys. It is best to hire auto accident attorneys sooner rather than later. That way, you’ll be able to avoid any costly mistakes that might result if you tried to handle your case on your own. There are specific deadlines for filing any personal injuries, which vary from state to state. In Nevada, the skilled car accident attorney team at Adam S. Kutner, Injury Attorneys, provides comprehensive and aggressive legal representation to get you what you need now so you can move forward with your life as quickly as possible.

What to do after a car accident

When you’re hurt in an auto accident, how you respond to the situation can impact whether you can recover your damages fairly. After an accident, victims often make mistakes that prevent them from getting the compensation they deserve. To avoid these mistakes, you should:

• Stay at the scene – You should never leave the scene of an accident. You’ll need to be at the location to collect information and evidence, get medical help, and talk to witnesses.
• Call the police – If you’re in a fender bender accident in Las Vegas, it’s important to call the police to the scene. They can help investigate the fault and document the details of the accident.
• Check for injuries – After an impact, you and your passengers may have suffered injuries. Check if anybody is hurt and seek medical attention right away. You should also see if the other driver is injured and assist if possible.
• Collect information – It’s important to get the right information from the other driver to file a claim and get the compensation you deserve. You should always ask for the other driver’s phone number, address, driver’s license number, insurance information, and email address.
• Take pictures – Capturing images at the scene is your only chance to document what happened in real time. This can help prove fault and get you the maximum settlement for your claim.
• Keep all records – Even if you think it might not be important, keep all records from the accidents, including any correspondence with the insurance companies and the other driver.
• Obtain legal counsel – To claim fair compensation for your damages, contact a car accident lawyer as soon as possible.

In order to begin the claims process, our car accident lawyer Las Vegas team will get started immediately by collecting evidence to prove your case. This puts you in the best position to collect a fair settlement from the insurance company. Let us focus on the legal aspects so that you can focus on your health.

What to do after leaving the scene of a car accident

After you have safely left the accident scene and received medical attention, there are several important things to know about when you have just been in a car accident. You should act immediately to give yourself the best chance to protect yourself and gain compensation. In most cases, you need to report the accident to the police if they do not respond to the scene. Nevada has a series of laws that address when drivers must report accidents to law enforcement. This is the case whenever there’s a bodily injury or property damage. In addition to reporting to the police, you have a duty to stop and give medical aid to injured parties. Even in minor accidents with no injuries, it may be best to report the accident to the police.

How to file a police report in Las Vegas

You need to file a police report about your accident to document all of the information in your case. To file a police report in Las Vegas, you may make a report online. You can also find your local police station and make a report in person. Also, if you call the Las Vegas Metropolitan Police Department’s non-emergency number, (702) 828-3111, they can take your information and help you make a report. If you’re in North Las Vegas, you may call the non-emergency number (702) 633-9111 to make a report.

How long do you have to report a car accident in Nevada?

Nevada has a statute of limitations under Nevada Revised Statutes 484E.10 that says you must file an SR-1 Report of Traffic Accident within ten days of a car accident. You must make the report if anyone is hurt or killed in the crash or if there is apparent damage of $750 or more. But if the police respond to the accident scene and make their own report, you don’t have to file a police report.

Should you report a minor accident?

Here’s what you need to know about whether you should report a minor Las Vegas car accident.

A minor car accident usually doesn’t have physical injuries. Your car may also have only a few minor dents. You walk away from the scene rather than needing emergency medical care. Or it may only involve one vehicle with property damage. There may be many reasons not to report an accident: you might worry about increasing insurance rates or if you’ll get a traffic ticket or even a criminal charge.

In most cases, however, you must contact law enforcement and tell your insurance company about the accident. There are a few exceptions but most of the time; you must make the appropriate reports to comply with Nevada law and the terms of your insurance policy.

What happens after you report a car accident to the police?

In most cases, the police will respond to the accident and conduct an investigation. When they do, they prepare a police report. They’ll check to see if anyone is intoxicated or over the legal limit for alcohol or drugs. You may receive a citation if they believe you or another driver violated Nevada or Las Vegas traffic laws. You’ll be able to get a copy of the police report later on, and you’ll need to make contact with your insurance company.

The police choose whether or not to respond to a traffic crash. It used to be the policy of the Las Vegas Metropolitan Police Department to decline to answer minor car accidents. But after complaints that accident victims were having trouble getting fair insurance payments because of the policy, the Las Vegas police changed course, and they now respond to most accidents.

However, if you’re in the rare number of accidents where the police choose not to respond, Nevada law still requires you to report the crash in most cases. You must fill out a form and submit it within ten days of the accident. This applies whenever a bodily injury, death, or damage looks worth $750 or more. Because damage adds up quickly in a car accident, you must file the report in most cases.

How to handle insurance after a car accident

Just like with the police, in most cases, you will need to make a report to your insurance. Most insurance companies require you to make a statement quickly after an accident. If you don’t, you’re breaking the terms of your insurance contract.

However, there are many other practical reasons why you should quickly report a car accident to your insurance company:

• If you try to handle the matter directly with the other driver, you might agree to settle for a certain amount before realizing the true extent of your injuries. This can be problematic when you need to get fair compensation for your injuries later down the road.
• The insurance company can get a copy of your driving record and the accident report. In almost all cases, they will find out that the accident occurred. It’s better if they find it out from you rather than have them accuse you of trying to keep them from finding out.
• Your insurance might directly cover some of your losses, even if the accident is your fault. Your insurance might also cover your property damage or bodily injuries depending on your policy.

After you have reported an auto accident, they will begin investigating the accident. You will need to work with insurance adjustors to provide information and present your case. Through this process, an experienced car accident attorney can help you present your claim in the best possible way and provide the information the insurance adjuster needs. The insurance investigator will want to determine fault for the accident and begin negotiations for any claims made in the case.

Who determines fault in an auto accident?

Multiple entities may investigate an auto accident to determine fault after a crash. The police may investigate fault as it relates to traffic laws to determine if anyone committed a crime or violated a traffic law. The insurance companies involved determine fault by looking at whether anyone acted negligently and whether that negligence contributed to the crash. The courts assess fault through formal legal proceedings using the rules of evidence to evaluate the evidence on both sides.

Multi-vehicle accidents

Whether you were involved in a multi-vehicle accident or have had more than one car accident in a short period of time, we can help you make a claim for compensation. Our skilled car accident attorneys Las Vegas team can help determine fault, collect evidence, file your claim, negotiate a fair settlement or take your case to court if needed.

You can also sue another driver after a car accident, even if multiple vehicles were involved, if they were negligent, and the negligent behavior caused the crash and your injuries. The driver that causes the accident is liable for your damages. Nevada uses a modified comparative negligence system that says as long as you are not found to be 50% or more responsible for the crash, you can recover compensation when you sue someone after a car crash. However, you may need to work with accident lawyers to prove the other driver was at fault. If you cannot prove that element, your claim may be denied.

Is Nevada a no-fault state for car accidents?

Nevada is not a no-fault state for car accidents. Instead, the person responsible for the accident must pay the victims for their losses, even if their injuries and losses are minor. Although Nevada has mandatory car insurance, the insurance that drivers have to buy is liability insurance. The mandatory car insurance in Nevada is meant to pay victims when they’re at fault for an accident. Even though Nevada is an at-fault state for car accidents, you can still buy uninsured and underinsured motorist coverage that compensates you if the at-fault party doesn’t have adequate car insurance.

What kind of injuries can receive compensation?

You can get a wide range of possible injuries from a car accident. Some of the most common injuries include:

• Whiplash
• Scrapes and cuts
• Head injuries
• Spinal cord injuries
• Broken ribs
• Other broken bones
• Internal bleeding
• Herniated disc
• PTSD
• Knee trauma
• Possible wrongful death

Regardless of your injuries, if you were hurt because of another driver’s negligence, our skilled law firm will fight for maximum compensation for your injuries. We will help you every step of the way so you can focus on healing.

What damages can I claim after a car accident?

How much you can expect from your accident settlement depends on the damages you claim. Several types of damages are available to you after being injured in an accident, with the primary classification of damages being economic and non-economic.

Economic damages are those which are objectively quantified monetary losses that represent your tangible, out-of-pocket costs, including:

• Medical bills
• Lost wages
• Property damage and repair bills
• Lost earning capacity

Non-economic damages are those which are more subjective, less tangible non-monetary losses, including:

• Pain and suffering
• Emotional distress
• Permanent scarring or disfigurement
• Loss of consortium
• Loss of enjoyment of life

In addition to economic and non-economic damages, you may be able to claim punitive damages as well. However, this is only available in some cases. Punitive damages do not cover the victim’s injuries. Instead, they are meant to punish the wrongdoer for their actions. Your car accident lawyer can help determine which damages you can claim after a car accident. Contact our auto accident attorneys Las Vegas team for a free evaluation of your case and what you might receive in damages.

How to negotiate your insurance accident case

Negotiating with an insurance adjuster begins once the claimant has sent a demand letter stating the amount of money they claim for car accident injuries. The adjuster normally telephones the claimant within 14 days to offer their response to the letter. However, the time it takes for an adjuster to respond to the claimant’s demands will depend on their schedule and the case’s complexity. If the insurance adjuster does not respond within two weeks, it is advisable to call the claims department and confirm whether they received the demand letter and when a response may be forthcoming.

The first thing that an insurance adjuster will send to the claimant is a letter known as the “reservation of rights.” This letter seeks to inform the claimant that the adjuster is investigating their claim and will withhold payment if the policy does not cover the incident. This letter protects the insurance provider against future claims because it started negotiations with the claimant, it recognized that the policy covered the accident. It is also a strategy aimed at hinting to the claimant that the insurance provider might not pay for their loss, compelling them to accept a small settlement.

Subjects of negotiation

During negotiations, insurance adjusters will ask questions and object to some facts to reduce the value of the claimant’s compensation. The main disputes involve:

• Coverage – Whether a claimant’s policy caters to the accident
• Liability – The person to blame for the accident, and the degree of the complainant’s comparative negligence
• Seriousness of the claimant’s injuries – Whether one’s injuries were disabling or permanent
• Types of medical treatment – Whether certain procedures were necessary and whether the claimant had pre-existing medical problems

After conducting investigations, the insurance adjuster will raise any of the above disputes to reduce the claimant’s offer. The claimant might concede to the adjuster’s arguments and propose a lower settlement amount. The adjuster will make another proposal, and if the claimant accepts it, a settlement contract will be drawn, and the issue will be concluded.

What insurance adjusters do not want you to know

After a car accident, you want to be treated fairly and be compensated for damage and injuries. But the insurance adjustor assigned to your case may not have the same incentives. Knowing what insurance adjusters and insurance companies really want through this process can help you get the best possible outcome for yourself.

Insurance adjusters want to settle – While insurance adjusters will pretend that they care less whether you settle or not, they are actually determined to settle claims. When a case goes to trial, it is a huge loss to the insurance provider in terms of large settlement awards and court expenses. Therefore, insurance companies opt to settle than pay litigation fees and high settlement amounts. Knowing that a settlement is in the insurance company’s best interest can help you weigh your options in the negotiation process.

Insurance adjusters are required to act in good faith – Insurance adjusters are legally required to act in good faith during settlement negotiations. This legal obligation means that they should justify their offers, should not tamper with evidence, and should not withhold information. An insurance adjuster is legally liable for actions in bad faith. Knowing that insurance adjustors can get in legal trouble themselves if they don’t treat you fairly can help you protect yourself in case your claim goes to court.

Insurance adjusters may be recording your statements – Insurance adjusters are sly when it comes to gathering information that helps them pay a lower settlement. This includes recording your statements. When talking to an insurance adjuster, ensure your statements are not self-incriminating. It is better to have a lawyer by your side to intimidate the adjuster and keep you from self-incrimination. If you know that whatever you say in a conversation with an adjuster might be recorded, you can be more careful to protect yourself.

The process of settling with an insurance company can be tedious. However, acquainting yourself with what it entails and the basic pitfalls can be worthwhile in the end. If you have more questions, contact your personal injury attorney for a free consultation as soon as possible. Having experienced accident attorneys by your side can make a huge difference in your final settlement. Being in a car accident is overwhelming enough without having to handle the legal aspects on your own. We will guide you through the legal process from beginning to end so you are never alone.

Why you should not settle with other insurance companies

You will be dealing with an insurance company in any car accident claim. The at-fault driver’s insurance provider will be involved in settlement talks. If a doctor is accused of medical malpractice, their medical malpractice insurance provider will handle the case. If a homeowner is accused of premises liability, their homeowner’s or liability insurance will cater to the plaintiff. Since most car accident injury scenarios involve an insurance firm, it is important to learn what dealing with these companies entails.

An expert Las Vegas car accident lawyer at Adam S. Kutner, Injury Attorneys can help you navigate this difficult process.

Reasons your claim could be denied

When you receive a response from your insurance company, there may be some cases where your claim was denied. There are several reasons that insurance companies might give when denying a claim:

• Material mis-representation – Failing to indicate material information can be grounds for an insurance claim denial. No matter what type of insurance you are dealing with, it is regarded as failing to provide the insurance with up-to-date information. These simple issues can affect the rates of your policy. Therefore, if you have not reported material information, like purchasing a new vehicle, moving to a new residence, or changing banks, to your insurance adjuster, you are not paying the correct rates and are therefore committing fraud.
• Fraudulent and false claims – Many claims are turned down due to falsification of information meant to get a claimant more than they deserve. Falsification of insurance information may also lead to a black mark on the claimant’s record. This means it will be difficult for you to be compensated under a policy in the future.
• Unlawful acts – For accidents involving irresponsible behavior like drunk driving, distracted driving, stunt driving, or unlicensed driving, your claim will likely be disbanded. Furthermore, you may lose your coverage and become uninsurable in the future.
• Uninsured claims – One of the main grounds that insurance adjusters use to deny people their claims is to dispute that an accident is covered by a claimant’s policy. In many cases, claimants think they are insured in certain conditions but later discover they are not. It is important to study the provisions and exclusions of your policy.