Determining liability in a car accident claim
When car insurance companies investigate accident claims, they are hoping to put the blame on the other driver. In an at fault state, if a driver caused the accident (is “at fault”), that driver’s insurance company will have to pay for the repairs and medical bills of both drivers.
At fault vs. No fault laws
States are different when it comes to figuring out how insurance pays for claims when it comes to car crash. In a no fault state, each driver’s personal injury protection (PIP) covers their own medical bills. In an at fault state, the at fault driver’s bodily injury liability coverage pays for the other driver’s car repairs and medical bills. Nevada is an at fault state, which means drivers who are hit by drivers who are at fault can have their medical bills covered, as well as potentially getting money for their pain and suffering.
Comparative negligence in Nevada
Nevada uses a comparative negligence approach when determining how much money a driver who is not at fault can get from an at fault driver’s insurance company. When a driver is 51% or more responsible for a crash, they are considered at fault. An at fault driver cannot get money damages from a driver who is not at fault. However, the driver who is not at fault will have any potential money they could get reduced by their own percentage of fault. For example, if a driver is found to be 30% at fault, and their full car repair costs and medical bills are $100,000, he or she could only recover up to $70,000, because the other driver is only 70% at fault. On the other hand, the at fault driver would not be able to get any money from the 30% at fault driver, because the at fault driver is more than 51% at fault. Because of this, Nevada drivers who are not at fault have a good reason to file lawsuits to help ease the financial pain of a car crash.
What is a 50/50 insurance claim?
A 50/50 insurance claim is when both parties in a crash are equally at fault. An example would be if one driver is speeding, and another driver crosses into their lane without checking or using their turn signal. The first person should not have been speeding, and the second person should not have changed lanes before making sure it was safe to do so, so both drivers are equally responsible for the crash.
Common types of 50/50 insurance claims
There are many scenarios that can end up in a 50/50 insurance claim. Here are some examples:
- Two drivers crash at a 4-way stop after both failing to stop properly
- A driver makes an illegal U-turn and crashes into another driver that did not look when making a right turn
- Two drivers merge into the same lane without using their turn signals or checking to see if it was safe to do so
What happens in a 50/50 insurance claim?
In a 50/50 insurance claim, each party will owe the other party for 50% of their total money damages. But this does not mean that each party owes the other the same amount of money. If party A has $20,000 in damages to their car damage and medical bills, then party B would have to pay them $10,000. But if B has $100,000 in vehicle damage and medical bills, then A would owe B $50,000.
What to do after you’ve been in an accident where you may be partly at fault
If you’ve been in a collision and need an attorney, choose the experienced attorneys at Van Law Firm to guide you through your case. Our experienced attorneys can help you understand your coverages and how they apply to your collision so you can get the most compensation for the collision and get back to your life. Call our office today for a free case evaluation and consultation.