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After a car accident in Las Vegas, take the steps below to protect your rights under Nevada law. The experienced Las Vegas car accident lawyers at Wooldridge Law Injury Lawyers are available 24/7 to help you handle everything – from documenting injuries and dealing with insurance companies to securing maximum compensation for medical bills, lost wages, and pain and suffering. Call (702) 867-8900 now for a free consultation.
key takeaways
- Prioritize safety and check for injuries immediately.
- Call 911 and provide info about accident location and injuries.
- Set up safety signals to alert other drivers.
- Exchange contact and insurance information.
- Document accident scene with photos and notes.
- Seek medical attention promptly, even for minor injuries.
- Hire car accident lawyer to assist with your claim.
What to do at the scene of the car accident
Knowing what to do after a car accident, including securing the scene and assessing injuries, is important for the safety of all involved and for subsequent legal procedures.
If you’re in a car accident in Nevada, prioritize the safety of yourself and others involved. The chaotic moments following the collision can be overwhelming.
Ensuring your safety and the safety of others
Staying calm and taking steps is important to prevent further injuries or accidents. Here’s what you need to do:
- Assess Your Surroundings: Before exiting your vehicle, look around for potential dangers like traffic, broken glass, or leaking fluids. If your car is in the path of traffic, safely move it to the side of the road if possible. If not, turn on your hazard lights to alert oncoming drivers.
- Check for Injuries: Determine if you or your passengers are injured. Even if injuries seem minor, be cautious. Some symptoms may not be apparent due to shock. If anyone is injured, don’t move them unless there is danger, like a fire, as this could worsen injuries.
- Help Others: If not seriously injured, check on occupants of other vehicle(s). Offer assistance if you can, but don’t administer medical help beyond your abilities, as improper aid could cause harm.
- Secure the Area: If safe, set up flares, warning triangles, or other signals to alert motorists of the accident scene. This can prevent additional collisions and ensure emergency responders can reach you.
Remember, your actions after a car accident can impact the well-being of everyone involved. By staying composed and following these steps, you can help ensure safety while setting the stage for resolution.
Contacting emergency services
Promptly contacting emergency services after an accident ensures timely medical help and proper accident documentation. Once you know you and others are out of harm’s way, contact emergency services.
Dialing 911
Call 911 by dialing 9-1-1. This number is universally recognized in the United States as the go-to hotline for any emergency. When you call 911, be prepared to provide the following information:
- Location: Provide nearby cross streets or major landmarks, such as Las Vegas hotels or casinos.
- Vehicles Involved: The number of vehicles involved and a brief description of the accident.
- Condition of the Individuals: Quickly explain any major injuries sustained in the accident. Unconscious, pain, broken bones, bleeding, etc.
- Immediate dangers: Such as leaking fuel or potential fires.
Staying on the line
If possible, stay on the line with the 911 operator until they have all the information they need to dispatch the appropriate emergency services. They may also provide you with vital instructions on caring for an injured person or staying safe while waiting for help to arrive.
Cooperating with emergency responders
Once emergency services arrive, cooperate fully with their instructions. Police officers will secure the scene, conduct an initial investigation, and create an accident report. If medical personnel are on the scene, they will triage and treat injuries and determine if anyone needs to be transported to the hospital.
Remember that contacting emergency services should not be delayed. Quick action can often prevent further injuries and complications. Moreover, it establishes an official record of the accident, which is vital for legal and insurance purposes.
Documenting the scene with photos and notes
After contacting emergency services, begin documenting the scene. This documentation is crucial for insurance claims and potential lawsuits, and it will help you remember the details of the incident accurately. Wooldridge Law Injury Lawyers will use this information to build a strong case on your behalf. Here’s how we suggest you document the accident scene:
Photographing the Scene: With your smartphone or camera, take comprehensive photos of the accident scene. These photos should include:
- All Vehicles Involved: Capture multiple angles of the car wreck, showing the damage sustained. Remember to take photos of license plates and any debris that may have resulted from the collision.
- Road Conditions: Photograph the road layout, any skid marks, potholes, or other conditions that could have contributed to the accident. This may help in determining fault or explaining the dynamics of the crash.
- Traffic Signs and Signals: Take clear pictures of traffic lights, stop signs, yield signs, or any other traffic control devices near the scene.
- Injuries and Personal Property: Take photos of any visible injuries immediately after the accident. Then, take additional photos two to four days later, as your injuries may appear more severe in the following days.
Taking Detailed Notes: While photos are invaluable, they may only capture some details. That’s where notes come in. Use your phone or a notepad to record:
- The Date and Time: Write down the exact date and time the accident occurred.
- Your Account of the Event: Write down everything you remember about the accident as soon as possible.
- Witness Information: If there are any witnesses, ask for their names, contact information, and what they saw.
Preserving the Documentation: Once you have gathered your photos and notes, back them up. Email the pictures to yourself and keep copies of your notes in a secure location. This ensures you can access the documentation should your phone or camera be lost or damaged.
Understand your legal rights and obligations in Nevada car accident claims
Under Nevada Revised Statutes (NRS) 484E.030, if you’re involved in a car accident resulting in injury, death, or property damage over $750, you must immediately notify the nearest police department, sheriff’s office, or Nevada Highway Patrol. This should be done as soon as possible, ideally from the scene if it’s safe.
When should I call 911 after a car accident?
Call 911 for all car accidents, even minor ones with no injuries and only property damage. If no officer arrives, you are still required to file a report. If the accident is minor and no officer is dispatched, call the local non-emergency police number.
However, it’s generally advisable to call 911 for any accident, as state law requires police notification in accidents involving injury, death, or property damage exceeding $750. An official police report is also essential for insurance claims.
If no officer comes, you must file the report yourself. You must submit a Report of Traffic Accident (SR-1) form to the Nevada Department of Motor Vehicles (DMV) within ten days. This form requires details like the time, date, location, description, and driver and insurance information.
Legal obligation to exchange information
Under Nevada law, all motorists involved in vehicle accidents are required to exchange insurance information. While doing so, be careful not to admit fault or make statements that could be interpreted as an admission of liability.
To protect your rights, keep the conversation focused on the facts and necessary details. Consult with experienced Nevada personal injury attorneys to find out what you should or shouldn’t say.
- Collecting Essential Details: Exchange contact information with all drivers involved in the car accident. This information should include full names, phone numbers, driver’s license, and driver’s license numbers.
- Insurance Information: Ensure you get the insurance company name, policy number, and phone number for claims from the other driver(s). If you can, take a picture of the insurance card.
- Vehicle Information: If the insurance card does not include vehicle information, note the make, model, color, and license plate number of each vehicle involved in the accident. If commercial vehicles are involved, note the company names and any identifying details.
- Witness Information: If there are witnesses to the accident, ask for their contact information. Witnesses can provide objective accounts of the incident, which can be invaluable during insurance claims or legal proceedings.
Legal rights in Las Vegas accident cases
- Right to file a claim with your own insurance company
- Regardless of who is at fault, you can file a claim with your insurance company. This is known as a first-party claim. Your insurer will then seek reimbursement from the at-fault driver’s insurance company in a process called subrogation. This can be particularly useful if the at-fault party is uninsured or underinsured.
- Right to file a third-party claim or lawsuit
- If the other driver is at fault, you can file a third-party claim directly with their insurance provider. Alternatively, you can choose to file a lawsuit against the at-fault driver. However, it would help if you did this within Nevada’s statute of limitations, generally two years from the date of the accident for personal injury and three years for property damage.
- Right to fair compensation
- You are entitled to fair compensation for damages from the car accident. This includes payment for medical expenses, lost wages, property damage, and other losses such as pain and suffering. If an insurance company offers a settlement, you can negotiate for a higher amount if you believe the offer is insufficient.
- Right to review and understand insurance policies
- You have the right to review and fully understand your insurance policy and the at-fault driver’s policy. This includes knowing the coverage limits, exclusions, and any applicable deductibles.
- Right to legal representation
- You have the right to seek legal representation at any point during the insurance claims process. A vehicle injury attorney can help you understand your rights, negotiate with insurance companies, and represent you in court if necessary.
- Right to an independent appraisal
- Suppose there is a disagreement about the value of your claim, particularly concerning property damage. In that case, you have the right to an independent appraisal. This can help ensure the settlement reflects the actual cost of repairs or replacement.
- Right to appeal a denied claim
- Should your insurance claim be denied, you can appeal the decision. Insurance companies have a process for appeals, which usually involves submitting additional documentation or evidence supporting your claim.
- Right to a timely resolution
- Insurance companies in Nevada are required to handle claims promptly. You have the right to resolve your claim within a reasonable time frame. If an insurance company unnecessarily delays your claim, they may act in bad faith.
Should I seek medical attention after a car accident?
After a Las Vegas car accident, getting immediate medical treatment is crucial – both for your health and your injury claim. Insurance companies often deny claims or reduce compensation when victims delay medical care. Our Las Vegas car accident attorneys help maximize your settlement for medical bills, pain and suffering, and lost wages.
Why immediate medical care is critical
- Hidden injuries like whiplash, concussions, and internal bleeding may not show symptoms immediately
- Early diagnosis prevents complications and long-term damage
- Insurance companies often deny claims if there’s a delay in medical treatment
- Medical records directly link your injuries to the accident
Steps to take for medical care
- At the accident scene, accept paramedic evaluation even if injuries seem minor
- Visit ER, urgent care, or your doctor immediately
- Tell providers you were in a car accident
- Follow all treatment plans and attend follow-up appointments
- Keep copies of all medical records and bills
Understanding medical documentation after a car accident
Comprehensive medical documentation forms the foundation of your accident claim in Nevada. At leading Las Vegas trauma centers like UMC, Sunrise Hospital, and Valley Hospital Medical Center, medical professionals create detailed records that become crucial evidence under NRS 41.133. Recent Nevada Transportation Safety studies show that proper medical documentation increases claim success rates by 65%.
Your medical records must document:
- Initial injuries and complications
- All treatments and medications
- Recovery timeline and prognosis
- Impact on work and daily activities
- Future medical needs and costs
Healthcare providers will track how these injuries affect your daily life and work capacity – information that proves vital for your claim’s success.
Managing Nevada insurance claims
Time matters when filing an insurance claim. Under Nevada law, you should notify your insurance carrier within 24 hours of the accident. Once you’ve reported the incident, you’ll receive a claim number and adjuster assignment. Keep detailed records of all expenses, including medical bills, prescriptions, vehicle repairs, and lost wages.
When dealing with insurance adjusters, understand their primary goal is minimizing the company’s payout. Common tactics include:
- Pushing for immediate recorded statements
- Making quick, lowball settlement offers
- Questioning the necessity of medical treatments
- Requesting broad medical record access
- Suggesting you don’t need legal representation
When dealing with insurance adjusters, understand their primary goal is minimizing the company’s payout. Common tactics include:
- Declining recorded statements until consulting legal counsel
- Getting all settlement proposals in writing
- Documenting every conversation with detailed notes
- Being cautious with social media posts about your accident
- Never signing medical releases without review
If an adjuster uses aggressive tactics, consider escalating to their supervisor or filing a complaint with the Nevada Division of Insurance under NRS 686A.310, which protects against unfair practices like misrepresenting policy provisions or unreasonably delaying claims.
Resolving car accident claim disputes
If your claim faces denial or underpayment, you have options under Nevada law. Insurance companies must provide written explanations for claim denials, citing specific policy provisions. You can challenge these decisions through formal appeals, supported by medical documentation, expert opinions, and accident reconstruction reports. The Nevada State Mediation Program offers an alternative to immediate litigation.
Remember Nevada’s legal deadlines: you have two years to file a personal injury lawsuit and three years for property damage claims. Understanding these timelines helps you make informed decisions about your case.
Should I hire an attorney after a Las Vegas car accident?
Dealing with insurance adjusters often reveals why legal representation is crucial after a serious accident. Insurance companies employ teams of adjusters and lawyers to minimize payouts, making it difficult to secure fair compensation on your own. According to the Nevada Consumer Advocate’s Office, accident victims with legal representation typically receive settlements 3.5 times larger than those without attorneys.
An experienced Las Vegas car accident attorney becomes especially valuable when:
- You’ve suffered serious injuries requiring ongoing medical care
- Insurance adjusters dispute fault under Nevada’s comparative negligence rules
- You’re being pressured to accept a quick settlement
- Your case involves complex issues like commercial vehicles or multiple parties
- The at-fault driver lacks sufficient insurance coverage
- You’re approaching Nevada’s two-year statute of limitations
When you hire an attorney, they handle all communications with insurance adjusters, protecting you from common tactics like requests for recorded statements, pressure to accept lowball settlements, and demands for broad medical record access. They’ll document your damages, gather evidence, negotiate with insurers, and file legal action if necessary.
To make the most of your initial legal consultation, bring:
- Accident documentation (police reports, photos, witness statements)
- Medical records and bills
- Insurance correspondence and adjuster communications
- Proof of lost wages and other expenses
- Timeline of events and injury progression
During your consultation, the attorney will review your documentation, explain your rights under Nevada law, assess insurance adjuster tactics used in your case, and develop a strategy for handling your claim. Most Nevada personal injury attorneys work on contingency fees, meaning they only get paid if they win your case.
Remember: Insurance companies have teams of lawyers protecting their interests. Having experienced legal representation levels the playing field and helps ensure you receive fair compensation under Nevada law.
FAQs
How Do Insurance Companies Evaluate Vehicle Damage in Nevada?
After a Las Vegas car accident, insurance companies use a systematic process to assess vehicle damage. Under Nevada insurance regulations, this evaluation determines repair costs or total loss value.
The process typically involves:
- A physical inspection by a licensed adjuster
- Documentation of visible and mechanical damage
- Evaluation of pre-accident vehicle condition
- Assessment using industry-standard software
- Review of local Las Vegas repair costs
Insurance companies calculate repair costs using current market rates for parts and labor. However, their initial evaluation may undervalue your vehicle damage. You have the right under NRS 690B.012 to get independent repair estimates from Nevada-licensed auto body shops.
How do car insurance deductibles work in Nevada?
Your car insurance deductible is the amount you pay before your insurance coverage begins. For instance, with a $500 deductible, you pay the first $500 of repair costs after an accident, and your insurance covers the rest. Under Nevada insurance regulations, choosing a higher deductible typically lowers your monthly premium, while a lower deductible means higher premiums.
After a Las Vegas accident where another driver is at fault, you have several options for recovering your deductible:
- File a claim with the at-fault driver’s insurance
- Use your collision coverage and let your insurer pursue reimbursement
- Seek recovery through a personal injury claim
Working with an experienced Nevada car accident attorney can help ensure you recover your deductible and other damages you’re entitled to under state law.
Can insurance companies help recover my deductible after an accident?
While insurance companies aren’t legally required to help recover your deductible in Nevada, they often do through a process called subrogation. This happens when your insurance company seeks reimbursement from the at-fault driver’s insurer.
During subrogation, your insurance company typically:
- Pays your claim minus the deductible
- Pursues the at-fault party’s insurance
- Reimburses your deductible if successful
However, subrogation can take several months, and success isn’t guaranteed. Review your policy or consult with a Las Vegas car accident attorney to understand your options for deductible recovery under Nevada law.
The experienced Las Vegas car accident attorneys at Wooldridge Law help maximize your compensation for medical expenses and lost wages. Call (702) 867-8900 for a free consultation. Available 24/7.