If you are involved in an accident that’s not your fault and you end up sustaining personal and property damage, you could be eligible for compensation. The law allows you to file a claim against the at-fault driver and recover for all the expenses and losses you incur as a result of the accident.
Since Las Vegas is not a no-fault state, the at-fault driver’s insurance provider is the one to absorb all your losses, up to policy limits. To obtain your settlement, you can file a claim with your insurance carrier assuming your loss is covered under the policy; file a third-party suit directly with the other driver’s insurance provider or file a personal injury claim in civil court against the other driver. If you choose to file a lawsuit with your insurance carrier, the company will in turn file a subrogation suit against the other driver’s insurance carrier.
So, if you are planning to file a claim, you know where to begin – but before you jump into action, here are some top secrets to settling car accident claim that no one tells you.
File your claim as soon as possible
If there is one thing that many victims get wrong is the timing. They wait too long after the accident to start with the process. Unfortunately, the Nevada state only allows victims two years to submit their claim, failure to which the case will be dismissed regardless of its limits. Besides, you don’t want to take so long to pressurize the insurance company (which is usually in no rush to pay you).
Bring in an experienced lawyer
The law isn’t usually fair; in as much as you are hurt as a result of someone else’s negligence, you still need to fight for what’s rightfully yours. Otherwise, you may end up not getting a single cent as compensation for your losses. Working with an experienced lawyer is a great way to ensure your rights are protected and that you get a fair settlement for your injuries and damages. And if you think about it, the lawyer will lift a heavy burden off your shoulders so you can focus on getting better.
Before you can recover your losses, you’ll need to convince the insurance company that indeed, their client was at fault. But keep in mind that they won’t make it any easier for you. Insurance companies are in it for business and paying you don’t work to their advantage. So, it’s best to have evidence like photographs of the accident scene, witnesses, medical records among other documents up in your sleeve, because you’ll need them.
Do not talk much
Anything you say can and will be used against you in the court of law – so, you don’t want to be generous with your information. You shouldn’t release your medical records to the insurer either. On the same breath, you shouldn’t be in a hurry to settle your claim with an insurance carrier – usually, you’ll end up leaving lots of money on the table. Let your lawyer guide you through this.