In an accident, what info should I get from the other driver?
After a car or truck accident, you should get the other driver’s:
- Name, address, and phone number: You may want to call their phone at the scene to ensure you have the number correct on your phone.
- Driver’s license information: You can take a picture of their license or write down the information included.
- Insurance information: You can take a photo of their insurance card.
- License plate number
- The color, make, and model of the car
If you did not get any of this information but the police were called to the scene, this information should be written down on the police report.
What Other Information Should You Obtain at the Scene?
Once you have obtained the necessary information from the other driver, you may want to get contact information from any eyewitnesses. They can give their account of the accident later on.
You may also want to take photos of the scene, including:
- The vehicle’s position
- Any skid marks
- Any traffic control devices
You may also want to take note of the weather at the time of the accident.
What Information Should You Avoid Giving the Other Driver?
While you need to exchange information with the other driver, you should never admit fault or even say, “I’m sorry.” The other driver can claim that you admitted you caused the accident.
You should also avoid speculating about what the other driver was doing when you are speaking with the police.
Is Nevada a Fault State? What Is a Fault State?
Some states have what are called “no-fault” laws. In these states, each party files with their own insurance company, regardless of who caused the accident.
Nevada is a fault state. As a “fault” state, the driver who causes the accident is responsible for any injuries, lost wages, and property damage that result. You would then file a claim for compensation with the liable driver’s insurance company. Your compensation will come from their liability insurance policy.
All drivers in Nevada are required to have the following insurance amounts:
- $25,000 bodily injury liability per person
- $50,000 bodily injury liability per accident
- $20,000 in property damage
How Soon Should I Tell My Insurance Company About My Car Accident?
You should tell your insurance company about your car accident as soon as possible. Most car insurance companies allow you to report your accident through a mobile app, so you don’t even need to call.
What Should I Tell My Insurance Company?
You should tell your insurance company the basics:
- When and where the accident happened
- The type of accident
- Who was involved
- The other driver’s insurance information
Should I Tell the Other Driver’s Insurance Company Anything?
You do not need to tell the other driver’s insurance company anything aside from the basics, such as your name and when and where the accident occurred. If the insurance adjuster asks for a recorded statement, you can deny the request and direct any questions to your attorney.
What Happens if the Other Person Does Not Have Insurance in a Car Accident?
All drivers in Nevada are required to have insurance. However, not all drivers obey the law. In fact, over 10 percent of drivers were uninsured in Nevada in 2019, according to the Insurance Information Institute (III). If you are injured in an accident and the other party does not have car insurance, you may be frightened and not know where to turn. Depending on your situation, you may have options.
Medical Payments Coverage
When you purchased car insurance, you may have also purchased Medical Payments (MedPay) coverage. This policy covers your injuries and your passengers’ injuries regardless of fault. While it does not cover all your losses, it will cover your injuries up to your policy limit.
It will also cover you if you were injured in a pedestrian accident.
Uninsured/Underinsured Motorist Coverage
Uninsured/underinsured motorist protection (UM/UIM) coverage will cover you and your passengers if the other driver does not have insurance.
This policy will also apply if the other driver fled the scene.
What Happens if I Get Into a Car Accident and I Do Not Have Insurance?
If you are involved in a car accident and you do not have insurance, you may have to pay the other party’s medical bills and other losses out of pocket. This means you may be sued by the other party. However, this only applies if you caused the accident. If the other driver was at fault, they will be responsible for their own injuries and expenses.
You should still be able to recover compensation for your own injuries from the other driver, even if you do not have insurance. Per Nevada insurance law, you should be able to recover up to $25,000 for your injuries.
You May Face Other Penalties
Driving without insurance is illegal.
If you were driving without insurance, your license and registration may be suspended. You will also face fines of $250 or more. In some cases, you could face jail time.
Do I Have a Case if I Don’t Feel Injured?
While you need to be injured (physically, emotionally, or financially) to have a valid personal injury case, some injuries take hours, days, or even weeks to show symptoms. Conditions that can have delayed symptoms include:
- Internal bleeding
- Organ damage
- Spinal cord injuries
- Traumatic brain injuries, including concussion
- Back injuries
After an accident, keep an eye out for the following symptoms and go straight to the doctor if you experience any of them:
- Abdominal pain
- Numbness and tingling
- Confusion or memory loss
- Blurred vision
- Loss of consciousness
All of the above symptoms can be indicative of serious injuries.
What If I Wait Too Long to Go to the Doctor?
If you wait days or weeks after your car accident to go to the doctor, it can be more difficult to link your injuries to your accident. You can expect the insurance company to claim your injuries are exaggerated or stem from another event.
However, we have experience handling cases like these. We can use your medical records and hire expert witnesses to establish how the accident caused your injuries.
What if an Insurance Adjuster Calls Me?
Soon after your accident, an adjuster from the other party’s insurance company may call you to get your account of the accident. In most cases, they will request a recorded statement.
Do Not Agree to Give a Recorded Statement
While the insurance company may claim that it needs a recorded statement from you, this is not true. This recorded statement can be detrimental to your case. The insurance adjuster can use anything you say in your statement against you. They may ask leading questions or pressure you into admitting that you are not injured or that you contributed to the accident.
We recommend that you deny any requests for a recorded statement and instead direct any questions the adjuster may have to our team.
Do Not Accept a Settlement Without Discussing With Us First
The insurance representatives for the defendant may try to use scare tactics and stalling strategies to pressure you into accepting an out-of-court settlement for a value far below your case’s true worth.
Your attorney can help you by negotiating financial terms on your behalf. They can fight for your rightful compensation and help you avoid harassing phone calls and other forms of unwanted contact from the third party.
Once you hire an attorney, all contact from the defendant’s representatives must go through your lawyer. This frees up your time so you can concentrate on recovering from your accident.
What if I Lost Wages Due to My Injury?
If your injury caused you to lose wages, you can recover compensation. You can recover any of the following:
- Any time you took off to recover from your injuries
- Any time you were unable to work due to the pain from your injuries
- Any time you took off for doctor’s appointments
You can also recover compensation if your injuries will cost you money in the future. For example, if you work in a factory that requires you to stand for long periods of time, an injury can keep you from doing that. You may need to work fewer hours or get another job that pays less. You can recover the difference in pay.
You can also recover compensation if your injuries take away your ability to work. If you are self-employed, you can still recover compensation; however, those losses may be more difficult to calculate. Our team will help you determine what you can recover for lost wages.
Benefits of Hiring a Personal Injury Lawyer for My Accident Case?
Although you have the legal ability to seek compensation without the representation of legal counsel, doing so is likely not in your best interest. There are many benefits of hiring a personal injury lawyer in Las Vegas. Personal injury law is complex and it is important that you are aware of your rights and all available options before you choose how you will pursue justice for your injuries.
At De Castroverde Law Group, our attorneys are experienced in all types of personal injury claims and lawsuits, and we can create a detailed case to help you pursue the compensation you deserve. When you enlist a seasoned Las Vegas injury lawyer from our firm you can be confident that your rights will be protected, your voice will be heard, and you will not be taken advantage of by the insurance company or the defendant.