Auto Accident Liability Claim

Auto Accident Liability Claim

When you are injured in an accident caused by someone else’s negligence, you may be eligible for compensation. While the compensation may not erase what happened, it can help restore your life. Thus, it’s critical to file an auto accident liability claim.

What Is A Liability Claim?

A liability claim is a legally enforceable claim against a person or entity requiring them to compensate an injured party for damages incurred. The damages arise from a breach of duty, such as a driver failing to keep other road users safe.

Therefore, if someone fails to meet their legal responsibility and you suffer damages as a result, you may have grounds to file a liability claim against them and, in turn, be compensated for your losses.

An auto accident liability claim is an example of a liability claim.

Types Of Auto Accident Liability Claims

The circumstances surrounding the car accident you are involved in may determine the process to follow and your experience generally. Below are eight types of auto accident claims:

PIP Insurance Claims

You can file a personal injury protection (PIP) claim with your insurance company after a car accident if you carry this optional insurance. With this claim, you access your PIP coverage, which typically covers medical expenses and lost wages for you and your passengers. 

States that use a no-fault system for car accidents require drivers to carry PIP coverage. Accordingly, they can be covered by their insurance company even if they were partially or fully at fault for an accident. However, Nevada is an at-fault state, which means drivers do not have to carry PIP coverage if they do not want to. The driver found to be at-fault for the accident is responsible for the damages.

Examples of damages PIP insurance can cover include ambulance fees, hospitalization, treatment, surgeries, medications, rehabilitation and physical therapy, prosthetic devices, and lost wages.

Dram Shop Liability Claims

Dram shop liability claims are against establishments that sell alcohol. Therefore, these cases involve drunk driving.

If you are involved in an accident caused by a driver under 21 years old due to drunk driving, you can file a case against the business that willfully and unlawfully served alcohol to the minor. 

If you are involved in a drunk driving auto accident caused by someone of lawful drinking age, the laws change slightly. 

You can only take action against a business that serves alcohol to an adult driver and knows the driver is habitually addicted to the use of any or all alcoholic beverages. That driver then causes an accident, resulting in injuries or damages. 

Third-Party Insurance Claims

A third-party insurance claim is against another driver. If you are a driver, pedestrian, cyclist, or motorcyclist, and a car hits you, this is the type of claim to file.

To be eligible to file a third-party insurance claim, you need solid evidence to prove four elements: duty of care, breach of duty of care, causation, and damages. 

Examples of pieces of evidence you can use to prove these elements include:

• A police report
• Photos and videos documenting the accident scene, your injuries, and vehicle damage
• Medical records
• Witness statements
• Expert witness testimony
• Documentation of lost wages
• Personal journals detailing pain and limitations

If an accident involves multiple cars or is caused by the negligence of several parties, a claim may be against more than one person or entity.

Uninsured/Underinsured Liability Claims

If you are involved in an accident with a driver who is not insured or underinsured, you can file a PIP insurance claim if you have this optional coverage. Unfortunately, this may not be a suitable option if you sustain a serious injury, such as a traumatic brain injury (TBI), that results in high medical expenses or a significant loss of wages. This is because PIP coverage may not be enough to cover your damages.

That’s why it’s crucial to opt for uninsured motorist (UM) and underinsured motorist (UIM) coverages to cover your damages when injured by an uninsured or underinsured motorist. If you do not have this optional coverage, there are other ways to seek compensation for your injuries.

Government Liability Claims For Car Accidents

A poorly maintained or designed road can contribute to a car accident. In such an instance, an injured party can file an auto liability claim against the government entity responsible for road upkeep. 

You can also file a government liability claim if a government employee acting within the scope of their employment acts negligently on the road, causing an accident.

Product Liability Claims

If a crash is caused by a vehicle defect, such as faulty brakes, tires, or a design flaw, the car’s manufacturer or designer may be held liable. 

Besides manufacturing and design defects, you may have grounds for a claim if an accident occurred due to failure to warn. For example, a car manufacturer fails to warn drivers not to drive in certain weather conditions using particular types of tires.

Wrongful Death Liability Claims

Unfortunately, some car accidents result in death. If your family loses a loved one in a car accident caused by someone else’s negligence, the personal representative of the deceased’s estate can file a wrongful death claim. 

With this claim, your family can recover medical expenses incurred before death, funeral expenses, lost wages, loss of companionship, pain and suffering, and punitive damages.

Medical Malpractice Liability Claims

If you are involved in a car accident caused by another driver whose action was caused by a medical mistake, you can file a claim against their medical provider. For example, if a doctor prescribed a medication that causes drowsiness and didn’t warn the driver of such a side effect or when a doctor fails to properly diagnose a health condition that can affect a patient’s driving ability. 

Other instances include a doctor prescribing a medication a patient is allergic to, resulting in an allergic reaction when operating a vehicle, and a medical facility releasing a patient too soon after surgery or any other type of treatment, knowing the patient will be driving themselves.

Recovering Damages In Car Accident Injury Claims

If you are involved in a car accident, an auto accident attorney can help you build a strong case. Accordingly, you can recover the damages you suffer, including:

Medical Expenses

Undergoing treatment after a car accident can result in costly medical expenses, from ambulance rides to surgeries. The medical bills you incur should be compensated by the party that injured you, as you wouldn’t have suffered such expenses were it not for the accident.

Lost Wages

You may need to miss work for a couple of days, weeks, or months, depending on the severity of the injuries you sustained to receive treatment. Claiming lost wages in a motor vehicle accident claim ensures injured parties have income to meet their needs.

Pain And Suffering

The physical pain and emotional distress you experience after a car accident can diminish the quality of your life. You may no longer enjoy life and may develop post-traumatic stress disorder (PTSD) and other mental health conditions. Claiming pain and suffering damages allows you to be compensated for such effects.

Loss Of Consortium

If your family member is injured or dies in a car accident, you can claim loss of consortium to seek compensation for the loss of companionship, affection, and other benefits you obtained from that relationship.

Scarring And Disfigurement

If a car accident significantly alters your appearance, for instance, your limb was amputated, or you were severely burned, it’s vital to claim scarring and disfigurement as one of the damages you suffered.

Lost Earning Capacity

An injury you sustain in a car accident might affect your ability to return to your work duties or the workforce altogether. Consequently, you may need to switch to a low-paying career or never work again. In such a case, you should claim lost earning capacity or loss of future wages.

Property Damage Car Accident Liability Claims

The property damage you suffer after a car accident can be expensive to pay out of pocket. It’s crucial to claim property damage when filing an auto liability claim. These include:

Vehicle Damage

After a car accident, it’s recommended to get multiple written estimates from auto repair shops. Your insurance company or the other driver’s insurer will review the estimates and may send an adjuster to confirm them. In turn, the insurer will decide to pay for the repairs or if the car is totaled and needs to be replaced.

Damage Or Loss Of Property In The Vehicle

If you have personal items in the car, such as a laptop, camera, phone, wearable items, and car accessories that were damaged in the car accident, you can claim them. Some policies cover these items, while others don’t. Legal guidance can help you when claiming your belongings.

Rental Car Expense

If you need to rent a car while yours is still being repaired or before you buy a new one, you can include the rental costs in your claim.

What Is The Average Time To Resolve A Nevada Car Accident Liability Claim?

A car accident liability claim in Nevada can be resolved between a few months to a year or longer, depending on the complexity of the case. Gathering crucial evidence and learning more about your case and the applicable laws can help avoid delays.

How Adam S. Kutner Can Help In Car Accident Liability Claims

Working with an attorney when filing an auto liability claim with your insurance company or against another party is crucial. The Las Vegas car accident lawyers at Adam S. Kutner, Injury Attorneys, are experienced in helping victims. We have been doing this for 33 years and have delivered over 50,000 settlement checks to clients.

We help clients maximize compensation while they focus on recovering.